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Madras High CourtA/2823/2021allowed with costs

Lnv Techonology Pvt. Limited v. M/S Hajee A.P.Bava Infra Pvt Ltd.,

2021-08-16Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 16TH DAY OF AUGUST 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, #32, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Plaintiff -VersusLNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

... Defendant A. No.2823 of 2021:- LNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

... Applicant/Defendant -VersusM/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, No.32, 4th Cross, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat .

... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to condone the

delay of 79 days in filing the written statement. This application coming on this day before this court for hearing in the presence of Mr.U.Karunakaran, Advocate for the applicant herein and Ms.Ramya Subramaniam, advocate for the respondent herein and upon reading the Judges Summons and the Affidavit of Madhusudan Acharya filed herein and the order herein dated 16.03.2021 made in O.A.No.681 of 2020 in C.S.(Comm.Div) No.359 of 2020, it is ordered as follows:- That the applicant/defendant herein shall pay a sum of Rs.5,000/- (Rupees five thousand only) to the respondent/plaintiff on or before 05.09.2021.

2. That subject to the condition as mentioned above, the delay of 79 days in filing the written statement, be and is hereby condoned.

3. That the A.No.2823 of 2021 in C.S.No.359 of 2020 be posted on 06.09.2021 for further proceedings.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 16th DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY-27.08.2021

ORDER

DATED : 16.08.2021 THE HON'BLE DR.JUSTICE G.JAYACHANDRAN FOR APPROVAL: 27.08.2021 APPROVED ON: 31.08.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 16TH DAY OF AUGUST 2021 THE HON'BLE DR. JUSTICE G.JAYACHANDRAN M/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, #32, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Plaintiff -VersusLNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

... Defendant A. No.2823 of 2021:- LNV Technology Pvt. Ltd., Sigapi Achi Building, 5th Floor, 18/3, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.

... Applicant/Defendant -VersusM/s.Hajee A.P. Bava Infra Private Limited, HAPBCO Towers, 1355B, No.32, 4th Cross, 9th Main, RPC Layout, Hampi Nagar, Bangalore-560 040 rep. by its Authorised Signatory, Mr.Sundaram Venkat ... Respondent/Plaintiff Application praying that this Hon'ble Court be pleased to condone the delay of 79 days in filing the written statement.

This application coming on this day before this court for hearing, the Court made the following order:- This application is filed to condone the delay of 79 days in filing the writing statement.

2.The suit summons received by the defendant on 10.02.2021. The written statement presented before the Registry on 30.04.2021, the last working day before summer vacation. Thereafter, on compliance of rectification, written statement has been taken on file along with the application to condone the delay.

3.The reasons stated for the delay is that the defendant was collecting data to make counter claim and due to pandemic situation, he was not able to collect the complete data in time. The reason stated is acceptable. Hence, this application is allowed. The delay of 79 days is condoned on cost of Rs.5,000/- (Rupees Five Thousand only) payable by the applicant/defendant to the respondent/plaintiff on or before 05.09.2021. On payment of cost, the defendant's written statement shall be taken on file. For further proceedings, post the suit on 06.09.2021. Sd./-G.J.J.

16/08/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.