M/S Asp Trading Corporation v. Go Fashion(India) Limited And 2 Others

A.No.3008 of 2024 in C.S.(Comm. Div.) No.13 of 2024 A.No.3008 of 2024 in C.S.(Comm.Div.) No.13 of 2024 P.VELMURUGAN, J.

This application has been filed to set aside the ex parte order dated 23.04.2024 passed in the above suit.

2. On a perusal of the accompanying affidavit filed in support of this application, it is seen that no satisfying reasons have been stated to set aside the ex parte order. It seems that the counsel has not properly advised his party to furnish better reasons in the affidavit. It is the respective counsel who has to guide the party and get the actual reasons from them for non-filing of the written statement in time or non-compliance of the order. For the bad drafting of the affidavit by the counsel, the parties could not be made to suffer.

3. Since the written statement has been filed along with an application to condone the delay in filing the written statement, this Court is inclined to order this application.

4. Accordingly, this application is allowed and the exparte order dated 23.04.2024 passed in C.S.(Comm.Div.) No.13 of 2024 is hereby set aside.

25.06.2024 bkn 1/2 https://www.mhc.tn.gov.in/judis

A.No.3008 of 2024 in C.S.(Comm. Div.) No.13 of 2024 P.VELMURUGAN, J.

bkn A.No.3008 of 2024 in C.S.(Comm.Div.) No.13 of 2024 25.06.2024 2/2 https://www.mhc.tn.gov.in/judis