Shiva Buildtech Pvt Ltd & Ors vs Aggcon Equipments International Pvt … on 13 April, 2026

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    Delhi High Court

    Shiva Buildtech Pvt Ltd & Ors vs Aggcon Equipments International Pvt … on 13 April, 2026

                              $~40
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                               Date of Decision: 13th April, 2026
                              +      CS(OS) 56/2025 & O.A. 86/2026, I.A. 9988/2026
                                     SHIVA BUILDTECH PVT. LTD. & ORS.             .....Plaintiffs
                                                  Through: Mr. Ramesh Kumar, Adv.
                                                            Mob: 9540999465
                                                            Email: [email protected]
                                                  versus
    
                                     AGGCON EQUIPMENTS INTERNATIONAL PVT. LTD. & ORS.
                                                                               .....Defendants
                                                   Through: Mr. Santosh Kumar Chaurihaa, Adv.
                                                            (Through VC)
                                                            Mob: 9811193843
                                     CORAM:
                                     HON'BLE MS. JUSTICE MINI PUSHKARNA
                                     MINI PUSHKARNA, J (ORAL):
    

    O.A. 86/2026 & I.A. 9988/2026

    1. The present chamber appeal has been filed under Rule 5 Chapter II of
    the Delhi High Court (Original Side) Rules, 2018, against the order dated
    20th November, 2025, passed by the learned Joint Registrar (Judicial) in I.A.
    18293/2025, whereby, the delay in filing the written statement by defendant
    nos. 1 to 3 was not condoned.

    SPONSORED

    2. In the impugned order dated 20th November, 2025, the learned Joint
    Registrar (Judicial) has held as follows:

    “xxx xxx xxx

    7. Perusal of record shows that the defendant nos. 1 to 3 were served
    with the summons of the suit through email by the Registry on
    20.03.2025 and were also served through ordinary mode on
    26.03.2025. Thereafter, the said defendants filed the written statement
    vide diary no.5063338 on 24.07.2025, which was returned under
    objection. Perusal of record further shows that the defendants have

    Signature Not Verified
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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    filed their written statement after expiry of extended period of 120
    days. Since the condonable period for filing written statement is
    already over, the captioned IA is dismissed.
    xxx xxx xxx”

    3. Perusal of the aforesaid order shows that it is the clear finding of the
    learned Joint Registrar (Judicial) that the written statement of defendant nos.
    1 to 3 has been filed after the expiry of the extended period of 120 days.

    4. This Court notes that the present suit is governed by the Delhi High
    Court (Original Side) Rules, 2018, wherein, as per Chapter VII Rule 2, the
    period for filing of the written statement is counted from the date of service
    of the summons. Rule 2 of the Chapter VII of the the Delhi High Court
    (Original Side) Rules, 2018, reads as under:

    “xxx xxx xxx

    2. Procedure when defendant appears.–If the defendant appears
    personally or through an Advocate before or on the day fixed for his
    appearance in the writ of summons:–

    (i) where the summons is for appearance and for filing written
    statement, the written statement shall not be taken on record,
    unless filed within 30 days of the date of such service or within
    the time provided by these Rules, the Code or the Commercial
    Courts Act
    , as applicable. An advance copy of the written
    statement, together with legible copies of all documents in
    possession and power of defendant, shall be served on plaintiff,
    and the written statement together with said documents shall not
    be accepted by the Registry, unless it contains an endorsement
    of service signed by such party or his Advocate.

    (ii) the Registrar shall mark the documents produced by parties
    for purpose of identification, and after comparing the copies
    with their respective originals, if they are found correct, certify
    them to be so and return the original(s) to the concerned party.

    xxx xxx xxx”

    (Emphasis Supplied)

    5. Further, Rule 4 of Chapter VII of the Delhi High Court (Original
    Side) Rules, 2018, clearly stipulates that the written statement has to be filed
    within a period of 30 days of receipt of the summons and the Court on being

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    By:HARIOM SHARMA
    Signing Date:14.04.2026
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    shown sufficient cause, can extend the time for filing the written statement
    for a further period not exceeding 90 days, but not thereafter. Rule 4 of
    Chapter VII of the Delhi High Court (Original Side) Rules, 2018, reads as
    under:

    “xxx xxx xxx

    4. Extension of time for filing written statement:- If the Court is
    satisfied that the defendant was prevented by sufficient cause for
    exceptional and unavoidable reasons in filing the written statement
    within 30 days, it may extend the time for filing the same by a
    further period not exceeding 90 days, but not thereafter. For such
    extension of time, the party in delay shall be burdened with costs as
    deemed appropriate. The written statement shall not be taken on
    record unless such costs have been paid/ deposited. In case the
    defendant fails to file the affidavit of admission/ denial of documents
    filed by the plaintiff, the documents filed by the plaintiff shall be
    deemed to be admitted. In case, no written statement is filed within the
    extended time also, the Registrar may pass orders for closing the right
    to file the written statement.

    xxx xxx xxx”

    (Emphasis Supplied)

    6. Accordingly, it is manifest that the written statement has to be filed
    within the outer limit of 120 days from the service of the summons. This
    Court can condone delay beyond 30 days only for a further period not
    exceeding 90 days, i.e., the Court has the authority and power to condone
    delay in filing of written statement, which has been filed within the outer
    limit of 120 days, with the caveat that sufficient cause has been shown by
    the defendant for not filing within the period of 30 days.

    7. The usage of the words ‘but not thereafter’ in Rule 4 of Chapter VII
    of the Delhi High Court (Original Side) Rules, 2018 clearly shows that this
    Court does not have any power to condone the delay in filing the written
    statement beyond the stipulated period of 120 days.

    8. In this regard, reference may be made to the judgment of the Supreme
    Court in the case of P. Radha Bai and Others Versus P. Ashok Kumar and

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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    Another, (2019) 13 SCC 445, wherein, while interpreting the words ‘but not
    thereafter’, it has been held as follows:

    “xxx xxx xxx
    32.4. The limitation provision in Section 34(3) also provides for
    condonation of delay. Unlike Section 5 of the Limitation Act, the delay
    can only be condoned for 30 days on showing sufficient cause. The
    crucial phrase “but not thereafter” reveals the legislative intent to
    fix an outer boundary period for challenging an award.
    xxx xxx xxx
    33.2. The proviso to Section 34(3) enables a court to entertain an
    application to challenge an award after the three months’ period is
    expired, but only within an additional period of thirty dates, “but not
    thereafter”. The use of the phrase “but not thereafter” shows that
    the 120 days’ period is the outer boundary for challenging an award.
    If Section 17 were to be applied, the outer boundary for challenging
    an award could go beyond 120 days. The phrase “but not thereafter”

    would be rendered redundant and otiose. This Court has consistently
    taken this view that the words “but not thereafter” in the proviso of
    Section 34(3) of the Arbitration Act are of a mandatory nature, and
    couched in negative terms, which leaves no room for doubt. (State of
    H.P. v. Himachal Techno Engineers [State of H.P.
    v. Himachal
    Techno Engineers, (2010) 12 SCC 210 : (2010) 4 SCC (Civ) 605] ,
    Assam Urban Water Supply & Sewerage Board v. Subash Projects &
    Mktg
    .
    Ltd. [Assam Urban Water Supply & Sewerage Board v. Subash
    Projects & Mktg
    .
    Ltd., (2012) 2 SCC 624 : (2012) 1 SCC (Civ) 831]
    and Anilkumar Jinabhai Patel v. Pravinchandra Jinabhai Patel
    [Anilkumar Jinabhai Patel
    v. Pravinchandra Jinabhai Patel, (2018)
    15 SCC 178 : (2019) 1 SCC (Civ) 141] .)
    xxx xxx xxx

    35. This Court in Popular Construction case [Union of
    India v. Popular Construction Co.
    , (2001) 8 SCC 470] followed the
    same approach when it relied on the phrase “but not thereafter” to
    hold that Section 5 of the Limitation Act was expressly excluded:

    (SCC pp. 474-75, para 12)
    “12. As far as the language of Section 34 of the 1996 Act is
    concerned, the crucial words are “but not thereafter” used in the
    proviso to sub-section (3). In our opinion, this phrase would amount
    to an express exclusion within the meaning of Section 29(2) of the
    Limitation Act, and would therefore bar the application of Section 5
    of that Act. Parliament did not need to go further. To hold that the
    court could entertain an application to set aside the award beyond
    the extended period under the proviso, would render the phrase “but

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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    not thereafter” wholly otiose. No principle of interpretation would
    justify such a result.”

    xxx xxx xxx”

    (Emphasis Supplied)

    9. Reference is also made to the judgment of the Division Bench of this
    Court in the case of Manhar Sabharwal Versus High Court of Delhi and
    Others, 2024 SCC OnLine Del 5945, wherein, while interpreting the words
    ‘but not thereafter’, it has been stated that the same means that beyond the
    period as stipulated in the statute, the Court does not have the authority to
    condone the delay beyond the extended period as noted therein. Thus, it has
    been held as follows:

    “xxx xxx xxx

    10. In Chapter VII, Rule 4 of the DHC Original Side Rules, the
    phrase „but not thereafter‟ is used, to stipulate that the period of
    filing written statement may be extended beyond the period of thirty
    days, for a further period not exceeding ninety days, but not
    thereafter. The phrase „but not thereafter‟, as used in various
    Legislations, and interpretation of the said phrase, as given in various
    judgments, have been dealt with by the Division Bench of this Court in
    the case of Ram Sarup Lugani v. Nirmal Lugani, wherein, it has been
    held, as under:

    xxx xxx xxx

    15. This is not the first time that the phrase, “but not thereafter”

    have been used in the statute. The said preemptory words have
    been used in other provisions that have come up for
    interpretation before the Supreme Court. In Union of
    India v. Popular Construction Co.
    , (2001) 8 SCC 470, the words
    “but not thereafter” were used in relation to the power of the
    court to condone the delay in challenging the award beyond the
    period prescribed under Section 34 of the Arbitration and
    Concilliation Act, 1996 and the Supreme Court observed as
    below:–

    “12. As far as the language of Section 34 of the 1996 Act is
    concerned, the crucial words are “but not thereafter” used
    in the proviso to sub-section (3). In our opinion, this phrase
    would amount to an express exclusion within the meaning
    of Section 29(2) of the Limitation Act, and would therefore
    bar the application of Section 5 of that Act. Parliament did

    Signature Not Verified
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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    not need to go further. To hold that the court could
    entertain an application to set aside the award beyond the
    extended period under the proviso, would render the phrase
    “but not thereafter” wholly otiose. No principle of
    interpretation would justify such a result.

    16. Furthermore, Section 34(1) itself provides that recourse to a
    court against an arbitral award may be made only by an
    application for setting aside such award “in accordance with”

    subsection (2) and sub-section (3). Sub-section (2) relates to
    grounds for setting aside an award and is not relevant for our
    purposes. But an application filed beyond the period mentioned
    in Section 34, sub-section (3) would not be an application “in
    accordance with” that sub-section. Consequently by virtue of
    Section 34(1), recourse to the court against an arbitral award
    cannot be made beyond the period prescribed. The importance
    of the period fixed under Section 34 is emphasised by the
    provisions of Section 36 which provide that
    “where the time for making an application to set aside the
    arbitral award under Section 34 has expired … the award
    shall be enforced under the Civil Procedure Code, 1908 in
    the same manner as if it were a decree of the court”.
    This is a significant departure from the provisions of
    the Arbitration Act, 1940. Under the 1940 Act, after the time to
    set aside the award expired, the court was required to “proceed
    to pronounce judgment according to the award, and upon the
    judgment so pronounced a decree shall follow” (Section

    17). Now the consequence of the time expiring under Section
    34 of the 1996 Act is that the award becomes immediately
    enforceable without any further act of the court. If there were
    any residual doubt on the interpretation of the language used in
    Section 34, the scheme of the 1996 Act would resolve the issue
    in favour of curtailment of the court’s powers by the exclusion of
    the operation of Section 5 of the Limitation Act.”

    16. In Singh Enterprises v. Commissioner of Central Excise,
    Jamshedpur
    , (2008) 3 SCC 70, on interpreting Section 35 of the
    Central Excise Act, which contains similar provisions, the
    Supreme Court has observed as under:

    “8. The Commissioner of Central Excise (appeals) as also
    the Tribunal being creatures of statute are not vested with
    jurisdiction to condone the delay beyond the permissible
    period provided under the statute. The period up to which
    the prayer for condonation can be accepted is statutorily
    provided. It was submitted that the logic of Section 5 of
    the Limitation Act, 1963 (in short “the Limitation Act“) can

    Signature Not Verified
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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    be available for condonation of delay. The first proviso to
    Section 35 makes the position clear that the appeal has to
    be preferred within three months from the date of
    communication to him of the decision of order. However, if
    the Commissioner is satisfied that the appellant was
    prevented by sufficient cause from presenting the appeal
    within the aforesaid period of 60 days, he can allow it to be
    presented within a further period of 30 days. In other
    words, this clearly shows that the appeal has to be filed
    within 60 days but in terms of the proviso further 30 days
    time can be granted by the appellate authority to entertain
    the appeal. The proviso to sub-section(1) of Section 35
    makes the position crystal clear that the appellate authority
    has no power to allow the appeal to be presented beyond the
    period of 30 days. The language used makes the position
    clear that the legislature intended the appellate authority to
    entertain the appeal by condoning delay only up to 30 days
    after the expiry of 60 days which is the normal period for
    preferring appeal. Therefore, there is complete exclusion of
    Section 5 of the Limitation Act. The Commissioner and the
    High Court were therefore justified in holding that there was
    no power to condone the delay after the expiry of 30 days’
    period.”

    17. After referring to the above decision, in Commissioner of
    Customs and Central Excise v. Hongo India Private
    Limited
    , (2009) 5 SCC 791, the Supreme Court went on to
    observe as under:

    “30. In the earlier part of our order, we have adverted to
    Chapter VI-A of the Act which provides for appeals and
    revisions to various authorities. Though Parliament has
    specifically provided an additional period of 30 days in the
    case of appeal to the Commissioner, it is silent about the
    number of days if there is sufficient cause in the case of an
    appeal to the Appellate Tribunal. Also an additional period
    of 90 days in the case of revision by the Central Government
    has been provided. However, in the case of an appeal to the
    High Court under Section 35-G and reference application to
    the High Court under Section 35-H, Parliament has provided
    only 180 days and no further period for filing an appeal and
    making reference to the High Court is mentioned in the Act.
    xxx xxx xxx

    32. As pointed out earlier, the language used in Sections 35,
    35-B, 35-EE, 35-G and 35-H makes the position clear that an
    appeal and reference to the High Court should be made

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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    within 180 days only from the date of communication of the
    decision or order. In other words, the language used in other
    provisions makes the position clear that the legislature
    intended the appellate authority to entertain the appeal by
    condoning the delay only up to 30 days after expiry of 60
    days which is the preliminary limitation period for preferring
    an appeal. In the absence of any clause condoning the delay
    by showing sufficient cause after the prescribed period, there
    is complete exclusion of Section 5 of the Limitation Act. The
    High Court was, therefore, justified in holding that there was
    no power to condone the delay after expiry of the prescribed
    period of 180 days.

    xxx xxx xxx

    35. It was contended before us that the words “expressly
    excluded” would mean that there must be an express reference
    made in the special or local law to the specific provisions of
    the Limitation Act of which the operation is to be excluded. In
    this regard, we have to see the scheme of the special law which
    here in this case is the Central Excise Act. The nature of the
    remedy provided therein is such that the legislature intended it
    to be a complete code by itself which alone should govern the
    several matters provided by it. If, on an examination of the
    relevant provisions, it is clear that the provisions of the
    Limitation Act are necessarily excluded, then the benefits
    conferred therein cannot be called in aid to supplement the
    provisions of the Act. In our considered view, that even in a
    case where the special law does not exclude the provisions of
    Sections 4 to 24 of the Limitation Act by an express reference,
    it would nonetheless be open to the court to examine whether
    and to what extent, the nature of those provisions or the nature
    of the subject-matter and scheme of the special law exclude
    their operation. In other words, the applicability of the
    provisions of the Limitation Act, therefore, is to be judged not
    from the terms of the Limitation Act but by the provisions of
    the Central Excise Act relating to filing of reference
    application to the High Court.”

    xxx xxx xxx

    19. In P. Radhabai v. P. Ashok Kumar, (2019) 13 SCC 445,
    while construing the phrase, “but not thereafter” used in the
    proviso to sub section (3) of Section 34 of the Arbitration and
    Concilliation Act, the Supreme Court held thus:

    “32.4. The limitation provision in Section 34(3) also
    provides for condonation of delay. Unlike Section 5 of the
    Limitation Act, the delay can only be condoned for 30

    Signature Not Verified
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    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    days on showing sufficient cause. The crucial phrase “but
    not thereafter” reveals the legislative intent to fix an
    outer boundary period for challenging an award.
    xxx xxx xxx
    33.2. The proviso to Section 34(3) enables a court to
    entertain an application to challenge an award after the
    three months’ period is expired, but only within an
    additional period of thirty dates, “but not thereafter”. The
    use of the phrase “but not thereafter” shows that the 120
    days’ period is the outer boundary for challenging an
    award. If Section 17 were to be applied, the outer
    boundary for challenging an award could go beyond 120
    days. The phrase “but not thereafter” would be rendered
    redundant and otiose. This Court has consistently taken
    this view that the words “but not thereafter” in the
    proviso of Section 34(3) of the Arbitration Act are of a
    mandatory nature, and couched in negative terms, which
    leaves no room for doubt. (State of H.P. v. Himachal
    Techno Engineers [State of H.P.
    v. Himachal Techno
    Engineers, (2010) 12 SCC 210 : (2010) 4 SCC (Civ) 605],
    Assam Urban Water Supply & Sewerage Board v. Subash
    Projects & Mktg
    .
    Ltd. [Assam Urban Water Supply &
    Sewerage Board v. Subash Projects & Mktg
    .
    Ltd., (2012)
    2 SCC 624 : (2012) 1 SCC (Civ) 831] and Anilkumar
    Jinabhai Patel v. Pravinchandra Jinabhai Patel
    [Anilkumar Jinabhai Patel
    v. Pravinchandra Jinabhai
    Patel, (2018) 15 SCC 178 : (2019) 1 SCC (Civ) 141].)

    34. In our view, the aforesaid inconsistencies with the
    language of Section 34(3) of the Arbitration Act
    tantamount to an “express exclusion” of Section 17 of the
    Limitation Act.”

    xxx xxx xxx

    21. A conspectus of the decisions referred to above leaves no
    manner of doubt that where ever the phrase “but not thereafter”

    has been used in a provision for setting a deadline, the intention
    of the legislature is to treat the same as a preemptory provision.
    Thus, if Rule 15 of the DHC Rules mandates filing of a replication
    within a period of 30 days reckoned from the date of receipt of the
    written statement, with an additional period of 15 days provided
    and that too only if the court is satisfied that the plaintiff has been
    able to demonstrate that it was prevented to do so by sufficient
    cause or for exceptional and unavoidable reasons, can the time for
    filing the replication be extended for a further period not exceeding
    15 days in any event, with costs imposed on the plaintiff. The

    Signature Not Verified
    Digitally Signed Page 9 of 11
    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    critical phrase “but not thereafter” used in Rule 15 must be
    understood to mean that even the court cannot extend the period
    for filing the replication beyond the outer limit of 45 days provided
    in the DHC Rules. Upon expiry of the said period, the plaintiff’s
    right to file the replication would stand extinguished. Any other
    meaning sought to be bestowed on the above provision, would
    make the words “but not thereafter”, inconsequential.
    xxx xxx xxx

    31. In view of the aforesaid discussion, it is held that in case of
    any inconsistency, the provisions of the Delhi High Court
    (Original Side) Rules, 2018 will prevail over the Civil Procedure
    Code. The inherent powers contemplated in Rule 16 are not to be
    exercised to overcome the period of limitation expressly prescribed
    in Rule 5 for filing the replication. Nor can Rule 5 be circumvented
    by invoking any other provision or even the inherent powers of the
    court, contrary to the scheme of the Rules. The phrase, “but not
    thereafter” used in Rule 5 makes it crystal clear that the Rule is
    mandatory in nature and the court cannot permit the replication
    to be taken on the record after the plaintiff has exhausted the
    maximum prescribed period of 45 days. Any other interpretation
    will result in causing violence to the DHC Rules.
    xxx xxx xxx

    11. Thus, it is manifest that the phrase „but not thereafter‟, provides
    for an action, which is mandatory in nature.

    xxx xxx xxx”

    (Emphasis Supplied)

    10. The said principle was again reiterated by the Division Bench of this
    Court in the case of Delhi Gymkhana Club Limited Versus Col. Ashish
    Khanna Sm Retd. and Others, 2024 SCC OnLine Del 7022, wherein it has
    been held as follows:.

    “xxx xxx xxx

    21. The purpose of fixing an outer time limit under Rule 4 of
    Chapter VII of the DHC Original Side Rules for filing the written
    statement is to ensure that the delay in filing of written statement
    does not lead to further delay in adjudication of civil suits. The
    validity of this Rule having been upheld by the Division Bench in
    Manhar Sabharwal (supra), the said Rule becomes mandatorily
    applicable to all suits including non-commercial suits before the
    Delhi High Court (Original Side). Accordingly, the Court can only
    extend the period of 30 days for filing of written statement by further

    Signature Not Verified
    Digitally Signed Page 10 of 11
    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58
    90 days, but not beyond the period of 120 days in total in the opinion
    of this Court. The language of Rule 4, Chapter VII of the Delhi
    High Court (Original Side) is clear when it uses the term „not
    thereafter‟, as is seen from the text extracted above.
    xxx xxx xxx”

    (Emphasis Supplied)

    11. Accordingly, it is clear that Delhi High Court (Original Side) Rules,
    2018 are categorical to the extent of counting the period of filing of the
    written statement from the date of service of the summons.

    12. Therefore, since, in the present case admittedly the written statement
    has been filed beyond the extended period of 120 days and the condonable
    period for filing written statement is already over, this Court cannot condone
    any delay beyond the extended condonable period.

    13. Accordingly, no error is found in the order dated 20 th November,
    2025, passed by learned Joint Registrar (Judicial). Therefore, the present
    appeal is accordingly dismissed.

    14. The pending application, i.e., I.A. 9988/2026 also stands dismissed.
    CS(OS) 56/2025

    15. List before the Joint Registrar (Judicial) on the date already fixed, i.e.,
    31st July, 2026.

    MINI PUSHKARNA, J
    APRIL 13, 2026/SK

    Signature Not Verified
    Digitally Signed Page 11 of 11
    By:HARIOM SHARMA
    Signing Date:14.04.2026
    19:31:58



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