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Judgment
At the outset, learned counsel for respondent no. 1, on instructions, submits that the present petition may be allowed in the interest of expeditious disposal of the suit and also in view of legal position settled in the judgment of Pragati Construction Consultants vs Union of India & Anr., 2025 SCC OnLine Del 636.
Broadly speaking, it appears that the Written Statement was filed within 120 days of service of summons by the petitioner, but the Statement of Truth and the admission/denial affidavit were filed beyond 120 days of service of summons.
Accordingly, with consent of both sides, the impugned order is set aside and the petition is allowed, directing the learned trial court to take the Written Statement as well as Statement of Truth and admission/denial affidavit of petitioner on record and thereafter, proceed further in accordance with law. However, for delay in filing the Written Statement and Statement of Truth, the present petitioner shall pay cost of Rs.10,000/- to the present respondent no. 1 through counsel within one week.
The pending application also stands disposed of.