The Court condoned a delay of 33 days in filing a written statement, ruling it falls within the allowable 120-day limit under the amending Commercial Courts Act.
Delay of 33 days in filing written statement condoned; matter taken on record.
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A.No.354 of 2020 in C.S.No.606 of 2019
A.No.354 of 2020 in
C.S.No.606 of 2019
DR.G.JAYACHANDRAN, J.
Application is taken out to condone the delay of 33 days in filing the
written statement. As per the provision of Code of Civil Procedure as amended in the Commercial Courts Act, written statement has to be filed within 30 days or in such cases, where the delay is explained, not later than 120 days from the date of receiving the suit summon. In this case the suit summon has
been received by the defendant on 19.11.2019. The written statement was filed after 30 days, but within 120 days, which is the upper limit for filing the
written statement.
the delay has to be condoned. Hence delay condoned. Written statement filed along with the application is taken on record. Parties are directed to file their
affidavit of admission and denial by 17.02.2020.
28.01.2020
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A.No.354 of 2020 in C.S.No.606 of 2019
rpl
DR.G.JAYACHANDRAN, J.
A.No.354 of 2020
in
C.S.No.606 of 2019
28.01.2020
2/2
1 issue framed by the court
Whether the delay of 33 days in filing the written statement should be condoned under the Commercial Courts Act amendments.
1 provisions across 1 enactments
DR.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
