M/S United India Insurance Company Limited v. M/S Jumbo Bag Ltd

A.Nos.1988 & 2181 of 2022 in C.S.(COMM. DIV.) No.72 of 2021 SENTHILKUMAR RAMAMOORTHY, J The defendant has presented two applications. A.No.1988 of 2022 is to set aside the ex parte order dated 31.03.2022. The plaintiff opposes the application on the ground that the applicant has not established sufficient cause. In the affidavit filed in support of the application, the applicant states that suit summons was received on 25.10.2021, when the applicant was functioning with skeletal staff in the wake of COVID 19 pandemic.

2. Upon considering the reasons set out in the affidavit and being satisfied that sufficient cause is made out, A.No.1988 of 2022 is allowed and the order dated 31.03.2022 is set aside.

3. A.No.2181 of 2022 is filed to take on record the written statement of the defendant. The defendant relies upon the order passed by the Hon'ble Supreme Court in Suo Motu W.P. (C) No.03 of 2020 and in particular, paragraph 5 (III) thereof. The defendant states that it has 90 days Page No.1 of 2

SENTHILKUMAR RAMAMOORTHY, J kal time from 01.03.2022 to file the written statement and that the written statement was filed on 28.04.2022, which is within the said limit.

4. The plaintiff has filed a counter and opposes the application. However, in view of the order of the Hon'ble Supreme Court, A.No.2181 of 2022 is allowed and the written statement is taken on file. 23.06.2022 kal (1⁄2) A.Nos.1988 & 2181 of 2022 in C.S.(COMM. DIV.) No.72 of 2021 Page No.2 of 2

23.06.2022 List the case on 07.03.2022. Any counter proposed to be used by the plaintiff shall be served on the learned counsel for the defendant at least two days prior to the next date of hearing.

Interim order granted earlier is extended until then. Page No.3 of 2

18.02.2022 kal A.No.274 of 2022 Page No.4 of 2