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Madras High CourtA/1615/2020allowed

Earthy Goods Foundation Represented By Its President Ms.Reshma Anand v. Dvara Trust (Formerly Known As Ifmr Trust) And 3 Others

2020-08-07Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN in C.S.No.414 of 2013 Earthy Goods Foundation Represented by its President Ms.Reshma Anand, D-19, Hauz Khas Enclave, New Delhi - 110 016.

...Applicant Vs.

1.DVARA Trust (Formerly Known as IFMR Trust) Rep.by its Trustee DVARA Trusteeship Services P Ltd., (Formerly known as IFMR Trusteeship Services P Ltd.,) IITM Research Park, Phase I, 10th Floor, No.1, Kanagam Village, Taramani, Chennai 600 113.

2.NE Processed Foods P Ltd., Rep.by DVARA Trusteeship Services P Ltd., (Formerly known as IFMR Trusteeship Services P Ltd., Trustee, DVARA Trust (Formerly Known as IFMR Trut) IITM Research Park, Phase I, 10th Floor, No.1, Kanagam Village, Taramani, Chennai 600 113.

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3.Earthy Goods and Sservices Private Limited., Rep.by its Director Ms.Reshma Anand F-19, Hauz Khas Enclave, New Delhi 110 016.

4.Ms.Reshma Anand

...Respondents

PRAYER: This Application has been filed to condone the delay of 181 days in representing the Written Statement along with supporting documents in the above suit.

For Applicant : Mr.R.Siva

ORDER

This application has been filed on behalf of the third defendant to condone the delay of 181 days in representing the written statement along with supporting documents filed along with the written statement. It is stated that the presentation endorsement was not obtained from the Assistant Registrar, Original Side, before the written statement was 2/4

filed. The return was taken on 12.03.2020 though it had actually been returned by the Registry on 19.08.2019 and it is stated that the delay of 181 days is neither willful nor wanton.

2. Heard the learned counsel for the respondents/plaintiffs.

3. In view of the fact that a plausible reason has been given, the delay is condoned.

4. The Registry is directed to put up the application seeking to condone the delay of 181 days in filing written statement.

5. List the matter once again on 02.09.2020.

07.08.2020 Speaking / Non-speaking Order Index : Yes/No dna 3/4

C.V.KARTHIKEYAN, J.

dna 07.08.2020 4/4