This order considers an application to condone a 70-day delay in filing the written statement. The applicant cited the pandemic and restricted court access as reasons.
Delay is condoned on payment of Rs.5,000/- as costs to be paid by the applicants on or before 27.09.2021.
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A.No.3081 of 2021 in C.S.No.410 of 2020
A.No.3081 of 2021 in C.S.(Comm.Divn.).No.410 of 2020
DR.G.JAYACHANDRAN,J.
The application No.3081 of 2021 is filed by the defendants 1 and
2 for condoning the delay of 70 days in filing the written statement.
that the defendants were served the suit summons on 17.03.2021. The
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A.No.3081 of 2021 in C.S.No.410 of 2020
written statement ought to have been filed within 30 days. The defendant
has not filed within 30 days, but had presented the written statement on 25.06.2021. Thus, there is a delay of 70 days. As per the proviso to Order VIII Rule 1 of C.P.C., as amended under the Commercial Courts Act, the delay up to 90 days may be condoned, if sufficient cause and explanation provided by the defendants. In this case, the affidavit filed along with the application, the defendants, they have cited the pandemic situation and restriction for the access to the Court and to the documents.
delay in filing the written statement, the delay is condoned on payment of a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the plaintiff on or before 27.09.2021.
08.09.2021
rpl
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A.No.3081 of 2021 in C.S.No.410 of 2020
DR.G.JAYACHANDRAN, J. rpl
A.No.3081 of 2021
in
C.S.(Comm.Divn.).No.410 of 2020
08.09.2021
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1 issue framed by the court
Whether to condone a delay of 70 days in filing the written statement.
1 provisions across 1 enactments
A.No.3081 of 2021 in C.S.No.410 of 2020
DR.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
