Madras High CourtA/2610/2021allowed

M/S.R.Krishnamurthy And Co. v. M/S. Teemage Builders Pvt. Ltd., And Another

2021-08-06Honourable Dr Justice G. Jayachandran1 pages

A.No.2610 of 2021 in C.S.No.121 of 2020 DR.G.JAYACHANDRAN, J.

The suit is filed under Commercial Courts Act.

2. The first defendant has received the suit summon on 29.06.2020. The written statement ought to have filed on or before 29.07.2020. However, it is filed only on 30.09.2020 along with the application to condone the delay of 62 days. The statute mandates that the defendant will forfeit right to file the written statement, if the delay in filing the written statement is more than 90 days.

3. However, in view of the pandemic situation, the Hon'ble Supreme Court has granted moratorium for reckoning limitation. The period falls within the moratorium.

4. Therefore, the application to condone the delay is allowed. The written statement is taken on file.

https://www.mhc.tn.gov.in/judis/ 06.08.2021 srn