Authority: Hon'ble Mr Justice N. Anand Venkatesh

Order Date: 12-11-2026

Case Overview

  • Petitioner: Harshan Jit Singh, Proprietor, Clear Trax Circuits, DLF Industrial Area, New Delhi.
  • Respondent: Athenese DX Private Limited, represented by its Authorized Signatory, located at Module Nos.407 and 408, TICEL Bio Park II, Chennai.
  • Civil Revision Petition (CRP) No. 7067 of 2026 and CMP No. 30387 of 2026 filed under Article 227 of the Constitution of India to set aside the daily order dated 23.03.2026 passed in IA No.5 of 2025 in COS No.280 of 2025 before the Principal Commercial Court, Egmore, Chennai.
  • The original commercial suit (COS No.280 of 2025) sought recovery of money with interest. The petitioner/defendant filed the written statement 23 days late and sought condonation under Section 5 of the Limitation Act (IA No.5 of 2025).
  • The lower court allowed the condonation on 12.03.2026, imposing a cost of Rs.3,000 payable on or before 22.03.2026. The petitioner failed to pay the cost.
  • On 23.03.2026, when the matter was listed, the court noted non‑payment and dismissed the application, leading to the dismissal of the petition.
  • The suit itself was dismissed for default on 15.04.2026, but was later restored on 08.09.2026, after which the present civil revision petition was filed.
  • During the hearing on 23.03.2026, the petitioner’s counsel appeared via video conferencing; the lower court reiterated that non‑payment of the cost resulted in dismissal.

Final Outcome

  • The High Court set aside the order dated 23.03.2026 (IA No.5 of 2025, COS No.280 of 2025).
  • The petitioner is directed to deposit Rs.5,000 to the credit of O.S. No.280 of 2025 within one week from receipt of the order copy.
  • Upon compliance, a memo shall be filed before the Principal Commercial Court, which shall then take the written statement on file and proceed with the suit as per law.
  • If the petitioner fails to pay the directed cost, he shall be set ex‑parte and the lower court shall continue with the suit.
  • No costs are awarded; the connected miscellaneous petition is closed.

Topics: Court Revision, Cost Order, Procedural Compliance