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Madras High CourtA/1607/2021delay condoned

M/S Kavithalaya Productions Pvt Ltd v. M/S Raj Television Network Ltd And 2 Others

2021-04-16Honourable Dr Justice G. Jayachandran2 pages

A.No.1607 of 2021 in C.S.No.244 of 2020 DR.G.JAYACHANDRAN,J., This application is filed to condone the delay of 80 days in filing the written statement in the suit filed under the Commercial Courts Act.

2. The first defendant, who had received the summon on 05.10.2020, not able to file written statement within 30 days time despite has limitation for filing written statement under Order 8 Rule 1 CPC. The reason for the delay is stated in paragraph 5 of the affidavit, wherein the deponent had stated that her husband got infected with Covid 19 virus and she was under quarantine as per medical advice. Hence, she could not meet her counsel and file the written statement. The Medical Certificate is also annexed along with the petition affidavit. In the light of the reasons stated, the delay of 80 days is condoned without any condition. Accordingly, the application is allowed.

3. For admission and denial, call the matter on 04.06.2021. 16.04.2021 vri https://www.mhc.tn.gov.in/judis/

DR.G.JAYACHANDRAN,J.

vri A.No.1607 of 2021 in C.S.No.244 of 2020 16.04.2021 https://www.mhc.tn.gov.in/judis/