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Madras High CourtA/3488/2021allowed

Cognizant Technologies Solutions India Pvt. Ltd. v. M/S.Novex Communications Pvt. Ltd.

2021-10-22Honourable Dr Justice G. Jayachandran1 pages

A.No.3488 of 2021 in C.S(Comm.Div.).No.413 of 2020 DR.G.JAYACHANDRAN, J.

This application is taken out by the defendant to set aside the order of this Court dated 22.07.2021.

2. The substance of the application goes to show that this Court has recorded the forfeiture of the defendant's right to file the written statement. The suit summon was duly served on the defendant and therefore, the Order 8(A) of C.P.C., as amended by the Commercial Courts Act is not applicable. Hence the applicant seeks the said order to be set aside and to take on record the written statement filed by the applicant, which is well within the period of limitation prescribed.

3. The learned counsel for the plaintiff has no objection in allowing this application. Hence the order of this Court dated 22.07.2021 is set aside. The written statement of the sole defendant is taken on file.

http://www.judis.nic.in 22.10.2021 rpl