Application to condone a 92-day delay in filing a written statement in a commercial division suit. As the written statement was filed after expiry of the 120-day statutory period, the court held the application unmaintainable and dismissed it.
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A.No.702 of 2024 in C.S. (Comm.Div.) No.209 of 2023
A.No.702 of 2024 in C.S. (Comm.Div.) No.209 of 2023
ABDUL QUDDHOSE,J.
This application has been filed to condone the delay of 92 days in filing the written statement.
2.As this application has been filed to condone the delay of 92 days in filing the written statement and the written statement has been filed beyond the period of 120 days from the date of receipt of the suit summons, there is no merit in this application. Since 120 days statutory period has got expired, this application cannot be entertained by this Court and is not maintainable. Accordingly, this application is dismissed and the defendants right to file the written statement stands forfeited.
09.02.2024
vga
A.No.702 of 2024 in C.S. (Comm.Div.) No.209 of 2023
ABDUL QUDDHOSE,J.
vga
A.No.702 of 2024 in C.S. (Comm.Div.) No.209 of 2023
09.02.2024
1 issue framed by the court
Whether the delay of 92 days in filing a written statement beyond the 120-day statutory period can be condoned.
Abdul Quddhose
As recorded by the court registry
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