The court allowed an application to condone a 1150-day delay in filing a written statement, directing the applicants to pay Rs. 10,000 to the respondent and attend on a future date.
Application to condone delay allowed on payment of Rs. 10,000 to the respondent.
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A.No.98 of 2021 in C.S.No.767 of 2017
A.No.98 of 2021
in
C.S.No.767 of 2017
R.PONGIAPPAN,J.
This application has been filed by the defendants to condone the delay of 1150 days in filing the written statement.
2.The learned counsel for the respondent submitted that they have no serious objection in allowing the application on terms.
3.Heard the learned counsel for the applicants and perused the averments in the affidavit filed in support of the application.
4.Having regard to the nature of averments in the affidavit filed in support of the application and also in order to give a fair opportunity to the applicants to defend the suit and as the delay appears to be abnormal, I am inclined to allow this application on payment of cost to respondent.
5.Accordingly, this application is allowed on condition that the applicants shall pay a sum of Rs.10,000/- as cost to the respondent on or before 10.02.2021. Call on 12.02.2021 for reporting compliance.
19.01.2021
mtl
1/1
3 issues framed by the court
Whether the delay of 1150 days in filing the written statement should be condoned.
On what terms should the application for condonation of delay be allowed.
Whether the applicants should be directed to pay costs to the respondent.
1 provisions across 1 enactments
Applicants
Respondent
R. PONGIAPPAN
As recorded by the court registry
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