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Madras High CourtA/2447/2018allowed

M/S.Asian Industries Valves v. M/S.Kalsan Health Care (P) Ltd

2018-04-05Honourable Mr Justice N. Sathish Kumar1 pages

A.Nos.2447 & 2448 of 2018 in C.S.No.346 of 2016 N.SATHISH KUMAR.J These applications have been filed by the first, second and third defendants to condone the delay of 174, 525 and 541 days in filing their written statement.

2. Counter has not been filed in these applications.

Perused the application. The suit is based on the contract for recovery of money.

3. Therefore, I am of the view that to advance substantial justice, sufficient opportunity has to be given to the defendants to defend the suit.

4. Having regard to the nature of the allegations found in the affidavit with regard to the delay, I am inclined to condone the delay in both the applications.

5. Accordingly, both the applications are allowed.

The registry is directed to take note of the fact that O.A.Nos.488 of 2016, 489 of 2016, A.Nos.2891and 2892 of 2016 have already been disposed by an order dated 21.11.2017 and further directed to post this suit on 16.04.2018 for framing issues.

http://www.judis.nic.in vrc 05.04.2018