P.Magesh v. D.Jayakumar

A.No.2353 of 2024 in C.S.No.101 of 2022 C.V.KARTHIKEYAN, J.

This application has been filed seeking to condone the delay of 582 days in filing the written statement in the above suit.

2. In the affidavit filed in support of this application, it had been stated that, for not filing the written statement, the applicant / defendant had been set exparte on 03.01.2024. Thereafter, he had changed the counsel and appointed a new counsel and instructed the new counsel to file an application to set aside the exparte order and owing to these processes, there was a delay in filing the written statement.

3. The suit has been filed seeking damages of Rs.1,00,00,000/- as against the applicant / defendant. After the defendant had been set exparte, the plaintiff had also tendered exparte evidence. Balancing all these facts, this application is allowed provided the applicant / defendant deposits a sum of Rs.5,00,000/- to the credit of C.S.No.101 of 2022 on or before 16.07.2024. On such deposit, the Registry may transfer the same to any Nationalised Bank in Fixed Deposit, earning interest. Orders relating to the same shall be passed after final adjudication of the case.

4. List the matter before this Court on 18.07.2024 to provide proof for such deposit.

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

C.V.KARTHIKEYAN, J.

gsk

5. The Registry may delete the name of Mr.Aravind Subramanyam, learned counsel, in the cause list, since the learned counsel has been designated as senior counsel.

26.06.2024 gsk A.No.2353 of 2024 in C.S.No.101 of 2022 https://www.mhc.tn.gov.in/judis