Allowed¶25

United India Insurance Company Limited v. Powermax Rubber Factory

Madras HC11 Aug 2025A/3605/2025

Case brief

AI extract

What is this about?

condonation of delay; 81 days; written statement; judge's summons; Order XIV rule 8 O.S.Rules; Order VIII Rule 1 CPC; Section 5 Limitation Act; sufficient cause; United India Insurance Company Limited; M/s.Powermax Rubber Factory; C.S.(Comm.Div) No.65 of 2025; Registry to receive written statement; Madras High Court; Senthilkumar Ramamoorthy J.; 11-08-2025

What did the court decide?

Delay of 81 days in filing the first defendant's written statement condoned; Registry directed to receive the written statement from the first defendant. ¶25

United India Insurance Company Limited Vs Powermax… — Company and Corporate | Madras HC (2025)

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A No. 3605 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11-08-2025

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CORAM

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THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

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A No. 3605 of 2025 in C.S.(Comm.Div) No.65 of 2025

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United India Insurance Company Limited a company incorporated under the Companies Act having its registered Office at No. 24 Whites Road, Chennai-600 014

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Represented by its authorized signatory

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..Applicant(s)

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M/s.Powermax Rubber Factory a registered Partnership Firm, having its registered office at New No.38, Old No.10, Thandavarayan Street, Royapettach, Chennai-600 014, Represented by its Managing Partner Shri Rajesh jain

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United India Insurance Co. Ltd a company incorporated under the Companies Act having one of its Divisional Office at 457, Victoria Extension Road, Tuticorin-682 002 Represented by its authroized signatory

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..Respondent(s)

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Prayer: Judge's summons under Order XIV and rule 8 of O.S.Rules R/W. Order VIII Rule 1 of the CPC read with Section 5 of the Limitation Act praying to condone the delay of 81 days in filing the Written Statement of the 1st Defendant in C.S.(CommDiv) No.62 of 2025 pending on the file of this Court.

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

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A No. 3605 of 2025

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For Applicant(s): Mr.Keerthikiran Murali

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For Respondent(s): Mr.T.Ravichandrdan

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ORDER

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By this application, the first defendant seeks condonation of delay of 81 days in filling the written statement.

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In the affidavit in support thereof, it is stated that the process of preparation took about 50 days because the officers concerned were in different departments or no longer with the applicant. It is further stated that internal approval had to be obtained thereafter.

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Learned counsel for the plaintiff submits that the applicant was lax in

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defending the suit..

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Considering the reasons set out in the affidavit in support of this application and being satisfied that sufficient cause is shown, this application is allowed. The Registry is directed to receive the written statement from the

first defendant.

Index: Yes/No

11-08-2025 (½)

KAL

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