Dismissed

Netsweeper Technologies Private Limited and 2 others v. Netsweeper Inc.,and 3 others

Madras HC5 Oct 2021A/2199/2021

Case brief

AI extract

What is this about?

Defendants filed applications to set aside an ex-parte order and for condonation of delay in filing a written statement. The court dismissed the applications as they were hopelessly barred by limitation and the reasons for delay were not satisfactorily explained.

What did the court decide?

Applications A.Nos. 2199, 2200 and 3443 of 2021 are dismissed as devoid of merits and barred by limitation.

Netsweeper Technologies Private Limited and 2… — Civil Procedure and Limitation | Madras HC (2021)

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A.Nos.2199 & 2200 of 2021 in C.S(Comm.Div.)No.334 of 2018

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A.Nos.2199, 2200 & 3443 of 2021 in

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C.S(Comm.Div.).No.334 of 2018

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DR.G.JAYACHANDRAN, J.

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This Court, vide its order dated 31.07.2020, directed the defendants 2 and 3 to disclose their personal bank accounts operation and the statement of accounts as prayed in A.No.475 of 2020. Till date the defendants

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had not complied the order.

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2. On 28.09.2020, when the non compliance of the order was

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pointed out to the learned counsel for the defendants, he sought time. Hence the matter was adjourned to 05.10.2021. Even today, the respondents/defendants have not furnished the bank details in compliance with the Court order dated 31.07.2020. Further the defendants had not filed their

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written statement in time. Therefore, the right to file the written statement is forfeited.

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3. The defendants have now taken out the present applications to

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set aside the ex-parte order dated 10.09.2020 and the application to condone

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the delay of 1123 days in filing the written statement by the defendants 1 to 3.

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These applications on the face of it suffers limitation in view of amended https://www.mhc.tn.gov.in/judis/ 1/3

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A.Nos.2199 & 2200 of 2021 in C.S(Comm.Div.)No.334 of 2018

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C.P.C.. The suit is of the year 2018, the defendants had chosen to file their written statement only on 09.08.2021. This Court finds that the applications are hopelessly barred by limitation and the reason for condoning the delay is not satisfactorily explained. The conduct of the defendants indicates his disinterest in conducting the case on merits, but only to protract the proceedings without complying the order of this Court. Hence the Application Nos. 2199, 2200 & 3443 of 2021 are dismissed as devoid of merits.

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05.10.2021
1/2

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rpl

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DR.G.JAYACHANDRAN, J.

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https://www.mhc.tn.gov.in/judis/

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2/3

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A.Nos.2199 & 2200 of 2021 in C.S(Comm.Div.)No.334 of 2018

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rpl

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and A.Nos.2199, 2200 & 3443 of 2021
C.S(Comm.Div.).No.334 of 2018
05.10.2021

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https://www.mhc.tn.gov.in/judis/

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Netsweeper Technologies Private Limited and 2 others v. Netsweeper Inc.,and 3 others

Case brief

What is this about?

What did the court decide?

Netsweeper Technologies Private Limited and 2 others v. Netsweeper Inc.,and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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