← Library
Madras High CourtA/1932/2020allowed

The Madras Race Club v. Dr.Mam Ramaswamy Chettiar Of Chettinad Charitable Trust And 9 Others

2020-09-23Honourable Mr Justice C.V. Karthikeyan2 pages

A.No.1932 of 2020 in C.S.No.737 of 2019 A.No.1932 of 2020 in C.S.No.737 of 2019 C.V.KARTHIKEYAN,J., This application has been filed by the first defendant in the suit seeking to condone the delay of 148 days in filing the written statement.

2. In the affidavit filed in support of the said application, it had been stated that the suit summons was served on 03.01.2020 and written statement should have been filed on or before 02.02.2020. It was however filed on 10.08.2020.

3. The deponent of the affidavit stated that as Secretary of the applicant Club, he had occasion to travel across the country representing the Club in various horse races. It was stated that he was not in a position to file the written statement within the stipulated period. Thereafter the Covid 19 pandemic also broke out and there was a lock down which was also prevented filing of the written statement.

4. Heard the learned counsel for the respondent/plaintiff who very fairly stated that the written statement could be taken on file.

5. Taking into consideration the averments made, the application is allowed and the delay is condoned.

6. The written statement of the first respondent is taken on file. http://www.judis.nic.in 23.09.2020 nvi 1/2

A.No.1932 of 2020 in C.S.No.737 of 2019 C.V.KARTHIKEYAN,J., nvi A.No.1932 of 2020 in C.S.No.737 of 2019 http://www.judis.nic.in 23.09.2020 2/2