United India Insurance Company Limited v. Carl Bechem Lubricants (India) Pvt Ltd And Another

A.No.2601 of 2024 in C.S. (Comm. Div.) No.28 of 2024 P.VELMURUGAN. J.

This application is filed by the 2nd defendant to condone the delay of 25 days in filing the written statement of the 2nd defendant in the present suit.

2. The respondent has not filed counter. However, the learned counsel for the respondent submitted that he has no serious objection.

3. Though the statute provides the time period of 30 days for filing the written statement from the date of receipt of suit summon, with condoned delay or leave of the Court, the written statement can be filed within 90 days thereafter i.e. within 120 days from the date of receipt of suit summons. In this case, since the applicant/2nd defendant could not file the written statement within 30 days from the date of receipt of suit summons, he has filed the present application to condone the delay of 25 days in filing the written statement.

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4. Though the respondent/plaintiff has no serious objections for allowing this application, the reasons stated in the accompanying affidavit is not satisfactory. However, in order to give an opportunity to the applicant/2nd defendant, the delay is condoned.

5. Registry is directed to receive the written statement if, the same is otherwise in order.

08.07.2024 (1/2) ksa-2 2/3

P.VELMURUGAN. J.

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