Madras High CourtA/1218/2021delay condoned

M/S.Rani Traders v. M/S.Kaleesuwari Refinery Private Limited

2021-07-26Honourable Dr Justice G. Jayachandran1 pages

A.No.1218 of 2021 in C.S.No.178 of 2020 DR.G.JAYACHANDRAN, J.

The suit is filed under Commercial Courts Act.

2. The sole defendant has received the suit summon on 24.09.2020. The written statement ought to have filed on or before 23.10.2020. However, it is filed only on 19.02.2021 along with the application to condone the delay of 54 days. The statute mandates that the defendant will forfeit to file the written statement, if the delay in filing the written statement is more than 90 days.

3. However, in view of the pandemic situation, the Hon'ble Supreme Court has granted moratorium for reckoning limitation. The period falls within the moratorium.

4. Therefore, the application to condone the delay is allowed. The written statement is taken on file.

https://www.mhc.tn.gov.in/judis/ 26.07.2021 rpl