The Court allowed an application to condone a 80-day delay in filing a written statement. The delay was attributed to the petitioner's husband contracting COVID-19 and subsequent quarantine, preventing access to counsel.
Delay of 80 days in filing written statement is condoned without any condition.
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A.No.1607 of 2021 in C.S.No.244 of 2020
DR.G.JAYACHANDRAN,J.,
This application is filed to condone the delay of 80 days in filing the written statement in the suit filed under the Commercial Courts Act.
to file written statement within 30 days time despite has limitation for filing written statement under Order 8 Rule 1 CPC. The reason for the delay is stated in paragraph 5 of the affidavit, wherein the deponent had stated that her husband got infected with
Covid 19 virus and she was under quarantine as per medical advice. Hence, she could not meet her counsel and file the written statement. The Medical Certificate is
also annexed along with the petition affidavit. In the light of the reasons stated, the delay of 80 days is condoned without any condition. Accordingly, the application is allowed.
16.04.2021
vri
DR.G.JAYACHANDRAN,J.
vri
A.No.1607 of 2021
in
C.S.No.244 of 2020
16.04.2021
1 issue framed by the court
Whether delay of 80 days in filing written statement under Commercial Courts Act and Order 8 Rule 1 CPC can be condoned due to pandemic quarantine?
1 provisions across 1 enactments
DR.G.JAYACHANDRAN,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
