Madras High CourtA/2710/2021allowed

Mechtherm Energy Pvt Ltd. v. M/S.Maxtherm (India) Pvt Ltd And Another

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

A.No.2710 of 2021 in C.S.No.127 of 2020 DR.G.JAYACHANDRAN, J.

The suit is filed under Commercial Courts Act.

2. The defendant has received the suit summon on 16.04.2021. The written statement ought to have filed on or before 15.05.2021. However, it is filed only on 04.08.2021 along with the application to condone the delay of 79 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 (1/2) srn