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Madras High CourtA/2344/2025allowed

Kothari Industrial Corporation Ltd v. Bhadra Shyam Harshad Kothari (Deceased)

2025-09-01Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA A No. 2344 of 2025 in C.S.No.65 of 2008 and A.No.9182 of 2018 and C.S.No.468 of 2011

1. Kothari Industrial Corporation Ltd No.114, Mahathma Gandhi Salai, Nungambakkam, Chennai 600 034., Duly represented by its Chairman and Managing Director Mr.Pradip D Kothari Applicant(s) Vs

1. Bhadra Shyam Harshad Kothari (deceased) Kothari Bagh, No.18, Mahathma Gandhi Salai Nungambakkam, Chennai 600 034 and 17 others.

Respondent(s) PRAYER : To condone the delay of 6078 days in filing the Written Statement of Defendant 2 in C.S.N.65 of 2008.

For Applicant(s):

M/s.S.Sivaraman For Respondents:

M/s.S.Ramasubramaniam & Associates

ORDER

This Application has been filed to condone the delay of 6078 days in filing the written statement of the second defendant in C.S.N.65 of 2008.

2. The learned counsel for the plaintiffs submitted that the delay is huge which has serious implication on the progress of the suit and that cannot be entertained. The suit has not yet reached the stage of trial and that it is not fair on the part of the applicant / second defendant to watch the proceedings for several years and file a written statement.

3. Unfortunately, the suit is also not disposed so far and it is yet to reach the stage of trial. Taking into consideration of the same and also to avoid future technical difficulties and in the interest of justice, the delay can be condoned and the written statement can be allowed to be filed.

4. Accordingly, this application is allowed and the applicant / second defendant is directed to pay Rs.5,000/- to the plaintiffs on or before 08.09.2025.

5. List the matter on 09.09.2025.

01-09-2025 gsk

To Bhadra Shyam Harshad Kothari (deceased) Kothari Bagh, No.18, Mahathma Gandhi Salai Nungambakkam, Chennai 600 034 and 17 others.

Dr.R.N.MANJULA J.

gsk A No. 2344 of 2025 in C.S.No.65 of 2008 and A.No.9182 of 2018 and C.S.No.468 of 2011 01-09-2025