$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010382772026 + CM(M) 1823/2026 & CM APPL. 55090/2026 & CM APPL. 55091/2026 SANGI HEALTHCARE PVT. LTD. .....Petitioner Through: Mr. Anil Kumar Saxena, Adv. versus GRADES HEALTHCARE PVT. LTD. .....Respondent Through: CORAM: HON'BLE MR. JUSTICE AJAY DIGPAUL O R D E R % 25.09.2026 1. Through the present petition, the petitioner is seeking the following reliefs: “A. Pass an appropriate order/direction setting aside order dated 19.12.2025 passed by Hon’ble trial court in suit no. 28/2025 pending for plaintiff evidence on 01.09.2026 in the interest of justice. B. set aside order dated 04.07.2026 by way of allowing the application filed by petitioner under order VIII rule 11 R/W section 151 CPC for recalling the order dated 19.12.2025 passed by Hon’ble trial court in the interest of justice. C. Direct the Hon’ble trial Court to take the Written Statement already filed on 04.06.2025 on record; D. Stay further proceedings before the Ld. Trial Court during pendency of this petition before this Hon’ble court as matter is fixed for plaintiff evidence on 01.09.2026.” 2. Succinctly put, the respondent/plaintiff instituted the underlying This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 10:51:49 recovery suit, being CS (COMM.) No. 28/2025 titled as „Grades Healthcare Private Limited v. Sangi Healthcase Private Limited‟ seeking recovery of Rs. 25,89,648, along with pendente lite and future interest, against the petitioner/defendant. 3. Thereafter, on 03.02.2025 the learned Trial Court issued suit summons through the prescribed modes to the petitioner, made returnable on 07.04.2025. On this date, the learned Trial Court recorded that the petitioner had been served on 17.02.2025, and directed the petitioner to file its written statement, as per the procedure laid down in Commercial Courts Act, 2015. 4. Subsequently, the learned Trial Court, vide impugned order dated 19.12.2025 closed the petitioner’s right to file written statement, on the ground that the same, filed on 04.06.2025 with the accompanying documents, was beyond the prescribed period of 30 days, and that no application seeking condonation of the said delay had been preferred along with the written statement. The relevant portion of the said order is reproduced herein below: “The defendant had been served on 17.02.2025. As stated above, WS had been filed on 04.06.2025 i.e. after more than 30 days from the service. No application for condonation of delay has been filed. The written statement has been filed after more than 30 days without seeking extension of time or condonation of delay. The written statement can thus not be taken on record. Right of the defendant to file written statement is forfeited. Issues thus need not be framed. Matter be listed for PE on 09.03.2026.” 5. Thereafter, the petitioner preferred an application dated 06.052026, filed under VIII Rule 1 of the Code of Civil Procedure, 1908 seeking review of the aforesaid order dated 19.12.2025, and permission to place the written statement, along with accompanying documents on record. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 10:51:49 6. The learned Trial Court, vide impugned order dated 04.07.2026, dismissed the aforesaid application, and imposed the cost of Rs. 10,000/- on the petitioner, payable to the respondent, to account for the delay that has been caused on petitioner’s behalf. The relevant portion of the said order, reads thus: “Admittedly, the defendant was served with the summons on 17.02.2025, whereas WS was filed on 06.06.2025 i.e. 107 days after service of summons and that too without any application for condonation of delay. In fact, right of the defendant to file WS was forfeited on 19.12.2025 but the defendant preferred not to challenge said order and rather moved application under Order 7 Rule 11 of CPC on 09.03.2026, which was also got dismissed for non-prosecution as the defendant failed to contest it. The conduct of the defendant shows that he has adopted every practice to delay this case and has moved this application at the stage of PE on 07.05.2025. Admittedly, a maximum period of 120 days has been prescribed to file WS, whereas the defendant has 30 days period as a matter of right, however 90 days period is discretion of the court and extendable further only on sufficient cause. Defendant has filed this application U/o 8 Rule 1 CPC for condonation of delay when right to file WS has already been forfeited, whereas condonation of delay may be sought in advance or along with WS and not thereafter. The remedy after forfeiture of right to file WS is either to challenge the order before higher court or U/s 151 of CPC, but the defendant has not challenged the order before higher court, whereas application has been filed after five months on 07.05.2026 against order dated 19.12.2025. As such, even remedy of review is also barred by limitation. Defendant has cited medical reason for condonation of delay, whereas it is beyond explanation, if the defendant got prepared WS and filed it on 06.06.2025, then there was no impediment in filing of application for condonation of delay also with WS, but no explanation has been tendered by the defendant regarding it. As such, conduct of the defendant is just to delay this case and application devoid merit, hence dismissed with cost of Rs. 10,000/- to be paid to the plaintiff for causing delay in this case. Put up for PE on 05.08.2026.” 7. Learned counsel appearing on behalf of the petitioner submits the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 10:51:49 learned Trial Court failed to appreciate that the delay in filing the condonation of delay application is attributable to petitioner’s hospitalization from 20.02.2025 till 02.04.2025 for hypertension and diabetes. 8. It is further submitted that further delay in filing the condonation of delay application was on account of petitioner’s erstwhile counsel, who failed to inform the petitioner of any-delay related requirement or about the forfeiture of the right to file written statement vide order dated 19.12.2025. 9. Having heard the counsel appearing on behalf of the petitioner, this Court is of the view that the learned Trial Court has justifiably foreclosed petitioner’s right to file written statement, along with accompanying documents. The record reflects that, although the service of summons was effected on 17.02.2025, the petitioner filed the written statement without the application seeking condonation of delay, on 04.06.2025, and more importantly, the said application came to be filed only on 06.05.2026, evidently exceeding the condonable period of 120 days. 10. It is well settled, on a conjoint reading of the provisions of Order VIII Rule 1 CPC along with the proviso to Order VIII Rule 10 CPC, as amended by the Commercial Courts Act, 2015, and as consistently held by this Court and the Hon’ble Supreme Court, in catena of judgments, including SCG Contracts India Private Limited v. K.S. Chamankar Infrastructure Private Limited, (2019) 12 SCC 210, that the said provisions are mandatory, and the right to file a written statement stands forfeited upon expiry of 120 days from service of the summons. 11. In view of the aforesaid, this Court finds no perversity in the impugned orders dated 19.12.2025 and 04.07.2026, passed by the learned This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 10:51:49 Trial Court in CS (COMM.) No. 28/2025, nor has the petitioner made out any reasons warranting intervention of this Court, under its supervisory jurisdiction, in the aforesaid impugned orders. 12. Accordingly, the present petition, along with pending application(s), if any, is disposed of in the above terms. AJAY DIGPAUL, J SEPTEMBER 25, 2026/ar/os This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/09/2026 at 10:51:49