Allowed

Lnv Techonology Pvt. Limited v. M/S Hajee a.P.Bava Infra Pvt. Ltd.

Madras HC16 Aug 2021A/2823/2021

Case brief

AI extract

What is this about?

Application for condonation of 79 days delay in filing written statement in Civil Suit No. 359 of 2020 was allowed. Cost of Rs. 5,000 was imposed. Case posted for further proceedings.

What did the court decide?

Condonation of 79 days delay in filing written statement upon payment of Rs. 5,000 cost by 05.09.2021; written statement taken on file; suit posted for 06.09.2021.

Lnv Techonology Pvt. Limited Vs M/S Hajee… — Civil Procedure and Limitation | Madras HC (2021)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

MONDAY, THE 16TH DAY OF AUGUST 2021

¶5

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

¶6

A. No.2823 of 2021 in C.S. No.359 of 2020

¶7

M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, #32, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Plaintiff

¶8

-Versus-

¶9

LNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008. ... Defendant

¶10

A. No.2823 of 2021:-

¶11

LNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

¶12

... Applicant/Defendant

¶13

-Versus-

¶14

M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, No.32, 4^th Cross, 9^th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat

¶15

. ... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to condone the

¶16

https://hcservices.ecourts.gov.in/hcservices/

¶17

¶18

delay of 79 days in filing the written statement.

¶19

This application coming on this day before this court for hearing in

¶20

the presence of Mr.U.Karunakaran, Advocate for the applicant herein and Ms.Ramya Subramaniam, advocate for the respondent herein and upon reading the Judges Summons and the Affidavit of Madhusudan Acharya filed herein and the order herein dated 16.03.2021 made in O.A.No.681 of 2020 in C.S.(Comm.Div) No.359 of 2020, it is ordered as follows:-

¶21

That the applicant/defendant herein shall pay a sum of Rs.5,000/(Rupees five thousand only) to the respondent/plaintiff on or before 05.09.2021.

¶22

That subject to the condition as mentioned above, the delay of 79 days in filing the written statement, be and is hereby condoned.

¶23

That the A.No.2823 of 2021 in C.S.No.359 of 2020 be posted on

¶24

06.09.2021 for further proceedings.

¶25

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16^th DAY OF AUGUST 2021.

¶26

Sd./ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy//

¶27

Dated at Madras this the day of 2021.

¶28

COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

¶29

¶30

KY-27.08.2021

¶31

A. No.2823 of 2021 in C.S. No.359 of 2020

¶32

ORDER

¶33

DATED : 16.08.2021

¶34

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

¶35

FOR APPROVAL: 27.08.2021

¶36

APPROVED ON: 31.08.2021

¶37

https://hcservices.ecourts.gov.in/hcservices/

¶38

¶39

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶40

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶41

MONDAY, THE 16TH DAY OF AUGUST 2021

¶42

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

A. No.2823 of 2021

C.S. No.359 of 2020

M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, #32, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Plaintiff -VersusLNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008. ... Defendant

¶47

A. No.2823 of 2021:-

¶48

LNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008. ... Applicant/Defendant -Versus-

¶49

M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, No.32, 4^th Cross, 9^th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to condone the

¶50

https://hcservices.ecourts.gov.in/hcservices/

¶51

delay of 79 days in filing the written statement.

¶52

¶53

This application coming on this day before this court for hearing, the

¶54

Court made the following order:-

¶55

This application is filed to condone the delay of 79 days in filing the writing statement.

¶56

2.The suit summons received by the defendant on 10.02.2021. The written statement presented before the Registry on 30.04.2021, the last working day before summer vacation. Thereafter, on compliance of rectification, written statement has been taken on file along with the application to condone the delay.

¶57

3.The reasons stated for the delay is that the defendant was collecting data to make counter claim and due to pandemic situation, he was not able to collect the complete data in time. The reason stated is acceptable. Hence, this application is allowed. The delay of 79 days is condoned on cost of Rs.5,000/- (Rupees Five Thousand only) payable by the applicant/defendant to the respondent/plaintiff on or before 05.09.2021.

¶58

On payment of cost, the defendant's written statement shall be taken on file. For further proceedings, post the suit on 06.09.2021 .

¶59

Sd./-G.J.J. 16/08/2021

¶60

//Certified to be true copy// Dated at Madras this the day of 2021.

¶61

COURT OFFICER(O.S.) https://hcservices.ecourts.gov.in/hcservices/ From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Lnv Techonology Pvt. Limited v. M/S Hajee a.P.Bava Infra Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Lnv Techonology Pvt. Limited v. M/S Hajee a.P.Bava Infra Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/s. Edmi India P Ltd, Rep.by its Director Mr.Sukant Behera, Vs Rs Yarns and Power Pvt. Ltd, Rep.by its Director Mr.S.Babu

M/s.a.P.International Vs M/s.Sun Tv Network Limited and another

People Interactive Private Ltd. Vs M/s.Matrimony.Com Limited

S.Kishore Vs Mr.Jimmy Elias and 8 others

M/s.Indian Oil Corporation Ltd., Vs Mr.v.Sudhakar

Mr.Thirumalai Murugan Arunachalam Vs Mr.K.Rajaraman and another