Allowed¶24

Kothari Industrial Corporation Ltd. v. Bhadra Shyam Harshad Kothari (Deceased)

Madras HC1 Sept 2025A/2344/2025

Case brief

AI extract

What is this about?

Condonation of delay 6078 days; written statement of second defendant; C.S.No.65 of 2008; A No. 2344 of 2025; A.No.9182 of 2018; C.S.No.468 of 2011; High Court of Judicature at Madras; Dr.R.N.Manjula; interest of justice; future technical difficulties; suit yet to reach trial stage; Rs.5,000/- payment to plaintiffs by 08.09.2025; Kothari Industrial Corporation Ltd; Pradip D Kothari; Bhadra Shyam Harshad Kothari; S.Sivaraman; S.Ramasubramaniam & Associates.

What did the court decide?

Condonation of the 6078-day delay in filing the written statement of the second defendant in C.S.N.65 of 2008, conditional on payment of Rs.5,000/- to the plaintiffs on or before 08.09.2025; matter listed for 09.09.2025. ¶24

Kothari Industrial Corporation Ltd. Vs Bhadra Shyam Harshad Kothari (Deceased) — Madras HC (2025) — LawSathi Research

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A No. 2344 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-09-2025

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CORAM

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THE HONOURABLE DR.JUSTICE R.N.MANJULA

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A No. 2344 of 2025 in

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C.S.No.65 of 2008 and A.No.9182 of 2018 and

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C.S.No.468 of 2011

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Kothari Industrial Corporation Ltd

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No.114, Mahathma Gandhi Salai, Nungambakkam, Chennai 600 034., Duly represented by its Chairman and Managing Director Mr.Pradip D Kothari

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Applicant(s)

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Bhadra Shyam Harshad Kothari (deceased) Kothari Bagh, No.18, Mahathma Gandhi Salai Nungambakkam, Chennai 600 034 and 17 others.

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Respondent(s)

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PRAYER : To condone the delay of 6078 days in filing the Written Statement of Defendant 2 in C.S.N.65 of 2008.

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For Applicant(s): M/s.S.Sivaraman

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For Respondents: M/s.S.Ramasubramaniam & Associates

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

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A No. 2344 of 2025

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ORDER

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This Application has been filed to condone the delay of 6078 days in filing the written statement of the second defendant in C.S.N.65 of 2008.

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The learned counsel for the plaintiffs submitted that the delay is huge which has serious implication on the progress of the suit and that cannot be entertained. The suit has not yet reached the stage of trial and that it is not fair on the part of the applicant / second defendant to watch the proceedings for several years and file a written statement.

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Unfortunately, the suit is also not disposed so far and it is yet to reach the stage of trial. Taking into consideration of the same and also to avoid future technical difficulties and in the interest of justice, the delay can be condoned and the written statement can be allowed to be filed.

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Accordingly, this application is allowed and the applicant / second defendant is directed to pay Rs.5,000/- to the plaintiffs on or before 08.09.2025.

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