M/S.Jain Housing And 3 Others v. Jains Westminster Owners Welfare Association - Saligramam

A.No.6043 of 2022 A.No.6043 of 2022 in C.S.No.263 of 2020 SENTHILKUMAR RAMAMOORTHY, J.

By this application, the defendants seek condonation of the delay of 429 days in filing the written statement of defendants 1 to 4.

2. In the affidavit in support of this application, it is stated that the suit summons were served on the defendants on 22.10.2022. There was change of counsel for the defendants. Besides, it is stated that the lock down occasioned by the COVID-19 pandemic also affected the process of collating material documents to file the written statement.

3. Learned counsel for the plaintiff relies upon the counter filed to this application, and submits that the delay has not been adequately explained. SENTHILKUMAR RAMAMOORTHY,J 1/2 https://www.mhc.tn.gov.in/judis

A.No.6043 of 2022 kal

4. Upon considering the reasons set out in the affidavit and the objections thereto by the plaintiff, in the overall context, the defendants have established sufficient cause albeit subject to payment of costs to the plaintiff. Accordingly, this application is allowed subject to the payment of a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the plaintiff. This sum shall be paid within a maximum period of two weeks from the date of receipt of a copy of this order.

List the matter on 07.02.2023.

24.01.2023 kal A.No.6043 of 2022 in C.S.No.263 of 2020 2/2 https://www.mhc.tn.gov.in/judis