Registrar Sisodia allowed Defendant No.2's application to condone a 103-day delay in filing a written statement under Order 8 Rule 1 CPC, treating the defendant's vague citation of law as immaterial and ordering costs.
Delay in filing written statement condoned subject to payment of costs of Rs. 15,000/- by Defendant No.2.
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Through Mr. Prateek Kumar Srivastava and Mr. Sushant Kumar, Advocates
versus
ARINA OFFSHORE (JLT) AND ORS ..... Defendants Through Mr. Subhankar Jha and Mr. Chander Shekhar, Advocates for defendant no.2 Ms. Madhavi Khare and Mr. Saurabh D. Karan Singh, Advocates for defendant no.4
CORAM:
SH. ANIL KUMAR SISODIA (DHJS), JOINT REGISTRAR (JUDICIAL)
O R D E R % 02.06.2016 IA No. 25443/2015
CS(COMM) No. 206/2016 Page Nos. 1/5
Mumbai and after the receipt of the information from the counsel, defendant no.2 started collecting the information and documents and has different officials of defendant no.2 had handled the transactions at different times, it took some time to collect the entire information. After collecting the information, defendant no.2 filed an application u/S 8 of The Arbitration and Conciliation Act before filing the written statement on 30.06.2015. It was also stated that written statement was prepared by ld. counsel for defendant no.2 and send to defendant no.2 to Mumbai for approval and signatures. The supporting affidavit was got attested at Mumbai on 22.06.2015 and written statement was filed on 30.06.2015. A prayer has been made for condonation of delay of 103 days in filing the written statement.
CS(COMM) No. 206/2016 Page Nos. 2/5
statement, but the same has been filed on 30.06.2015 without filing application for condonation of delay. On 08.07.2015, defendant no.2 was granted two weeks time to file application for condonation of delay, but the same was not complied with and on 28.10.2015 again time of two weeks was granted to file the application for condonation of delay which expired on 11.11.2015 and the application was filed on 14.12.2015. The applicant thus only wants to delay the matter and the application is liable to be dismissed. On merits the contents of the application have been denied.
CS(COMM) No. 206/2016 Page Nos. 3/5
IA stands disposed off accordingly.
CS(OS) 1208/2014
Subject to the payment of cost as stated above, written statement of defendant no.2 is taken on record.
CS(COMM) No. 206/2016 Page Nos. 4/5
Plaintiff shall file replication to the written statement of defendant no.2 within six weeks from today.
Parties are directed to file their original documents within eight weeks from today after exchanging copies.
Affidavit of admission/denial of documents be filed within ten weeks from today after exchanging copies.
Put up for completion of pleadings and admission/denial of documents on 20th September, 2016 .
ANIL KUMAR SISODIA (DHJS) JOINT REGISTRAR (JUDICIAL)
JUNE 02, 2016 savita
CS(COMM) No. 206/2016 Page Nos. 5/5
1 issue framed by the court
Whether the application for condonation of delay in filing written statement can be dismissed solely because it was not cited under the correct provision of CPC.
1 provisions across 1 enactments
ANIL KUMAR SISODIA
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
