LMC Computers Vs. iThink Apps Private Limited

In the suit filed by M/s LMC Computers against iThink Apps Private Limited & Ors before the Delhi High Court, the plaintiff sought condonation of delay in filing replication to the written statement. The written statement was taken on record on 18.09.2025, replication was filed on 03.11.2025 (46th day, as the 45th day fell on Sunday), but served on defendants only on 10.11.2025 after Registry objection, despite defendants' email reminder on 05.11.2025. Plaintiff argued that filing on next working day after Sunday was valid under Section 10 General Clauses Act, 1897 and Rule 6 Chapter I Delhi High Court (Original Side) Rules, 2018, while delay arose due to voluminous pleadings and multiple inter se litigations; defendants opposed, alleging deliberate non-service for unfair advantage and insisting strict compliance with Rule 5 Chapter VII requiring service endorsement for acceptance. The Court held that the 30+15 days limit under Rule 5 is strict and non-extendable beyond 45 days, but filing on next open day after Sunday was permissible; however, non-service provision in Rule 5 was held directory (mere irregularity, not mandatory illegality) condonable by Court in justice interests, unlike Registry's binding duty. Accordingly, replication was taken on record subject to plaintiff paying Rs.1,00,000 costs to defendants within four weeks. The Court also issued notice on plaintiff's applications for directions restraining defendants from intimidating proposed witness and for impleadment of two partners as co-plaintiffs, with replies/rejoinders directed and matter listed on 21.05.2026.

Law settled: The 30 days period for filing replication under Rule 5 Chapter VII Delhi High Court (Original Side) Rules, 2018 is extendable by maximum 15 days (total 45 days) and not thereafter; no further condonation possible even for sufficient cause, to ensure expeditious disposal of commercial disputes. Para 15, 19.

Law settled: Where the last day of prescribed/extended period falls on a Sunday/holiday/Court-closed day, filing on the next working day is valid under Section 10 General Clauses Act, 1897 read with Rule 6 Chapter I Delhi High Court (Original Side) Rules, 2018. Para 11, 16.

Law settled: The requirement under Rule 5 Chapter VII Delhi High Court (Original Side) Rules, 2018 that replication shall not be accepted unless it contains endorsement of service on defendant/his advocate is directory and not mandatory; non-service constitutes mere irregularity condonable by Court in interests of justice, though binding on Registry. Para 17-18.

Case Title: LMC Computers Vs. iThink Apps Private Limited & Ors.

Order Date: 14 January 2026

Case Number: CS(COMM) 729/2025 (along with connected I.As. 17477/2025, 23786/2025, 29259/2025, 921/2026, 922/2026)

Neutral Citation: Not available in public domain as per latest accessible records

Name of Court: High Court of Delhi at New Delhi

Name of Judge: Hon'ble Mr. Justice Tushar Rao Gedela

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]

[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]