Netsweeper Technologies Private Limited And 2 Others v. Netsweeper Inc.,And 3 Others

A.Nos.2199, 2200 & 3443 of 2021 in C.S(Comm.Div.).No.334 of 2018 DR.G.JAYACHANDRAN, J.

This Court, vide its order dated 31.07.2020, directed the defendants 2 and 3 to disclose their personal bank accounts operation and the statement of accounts as prayed in A.No.475 of 2020. Till date the defendants had not complied the order.

2. On 28.09.2020, when the non compliance of the order was pointed out to the learned counsel for the defendants, he sought time. Hence the matter was adjourned to 05.10.2021. Even today, the respondents/defendants have not furnished the bank details in compliance with the Court order dated 31.07.2020. Further the defendants had not filed their written statement in time. Therefore, the right to file the written statement is forfeited.

3. The defendants have now taken out the present applications to set aside the ex-parte order dated 10.09.2020 and the application to condone the delay of 1123 days in filing the written statement by the defendants 1 to 3. These applications on the face of it suffers limitation in view of amended 1/3

C.P.C.. The suit is of the year 2018, the defendants had chosen to file their written statement only on 09.08.2021. This Court finds that the applications are hopelessly barred by limitation and the reason for condoning the delay is not satisfactorily explained. The conduct of the defendants indicates his disinterest in conducting the case on merits, but only to protract the proceedings without complying the order of this Court. Hence the Application Nos. 2199, 2200 & 3443 of 2021 are dismissed as devoid of merits. 05.10.2021 1/2 rpl DR.G.JAYACHANDRAN, J.

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rpl and A.Nos.2199, 2200 & 3443 of 2021 C.S(Comm.Div.).No.334 of 2018 05.10.2021 3/3