3.On 26th June 2018, the Appeal Court dismissed the
Defendant’s appeal against the order granting conditional leave. On
4th July 2018, AK Menon J decreed the suit in the amount of Rs.
1.20 crores with further interest at 9% per annum. The Defendant
challenged that order in appeal. The Division Bench rendered a
decision on 13th August 2018. A copy of that decision is annexed to
the Affidavit in Reply at page 30. There was some initial controversy
about a previous order of 26th June 2018 but that need not detain
us. Counsel for the Defendant before the Appeal Court had in his
hands a cheque for Rs. 95 lakhs and, therefore, in paragraph 7 of its
order, the Division Bench said that it believed that an opportunity
ought to be given to the Defendant. It allowed the Defendant time
deposit Rs. 95 lakhs and costs of Rs. 2 lakhs by 20th August 2018.
The Division Bench said that upon this being done, “the Defendant
be granted an opportunity to defend the suit”. The Defendant has
indeed deposited the amount. I will take it, therefore, that the time
for filing the written statement begins from 20th August 2018.
There is a written statement that the Registry is supposed to have
taken on file but it did so only on 11th March 2019. The Registry was
wholly wrong in doing this. It could not have taken that written
