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Madras High CourtA/2239/2021allowed

M/S.Fusion Vr v. Mr.Praveen Raj Jayachandran

2021-07-02Honourable Dr Justice G. Jayachandran1 pages

A.No.2239 of 2021 in C.S.No.57 of 2017 DR.G.JAYACHANDRAN, J.

Written statement had been filed by the sole defendant on 27.04.2021. The suit summon was served on the defendant on 13.03.2021. As per the time schedule prescribed under the Commercial Court Act, the written statement ought to have been filed within 30 days. Since the written statement is filed after 15 days of the expiry of limitation, the present application is filed to condone the delay of 15 days in filing the written statement. There is a reasonable cause for the delay has been stated in the affidavit filed along with the application to condone the delay.

2. The applicant/defendant had stated that there are voluminous documents to be gathered to prepare written statement and therefore, the delay of 15 days has occurred.

3. Since the reason stated appears to be reasonable, the application is allowed.

The learned counsel for the plaintiff seeks time to file reply.

4. Call the matter on 16.07.2021.

02.07.2021 rpl https://www.mhc.tn.gov.in/judis/