Clik Home Appliances v. T T K Prestige Limited

A.No.3302 of 2024 in OP (CR) Nos.2, 8 & 10 of 2023 and OP (TM) Nos.11 & 12 of 2023 and C.S. (Comm.Div) No.289 of 2023 and OA. Nos.1008, 1009 & 1010 of 2023 P.B.BALAJI, J.

A.No.3302 of 2024 is filed to condone the delay of 53 days in filing the written statement on behalf of the sole defendant in C.S. (Comm.Div) No.289 of 2023 .

2. According to the learned counsel for the applicant, notice was served upon the petitioner/defendant on 24.01.2024 and thereafter, on 07.03.2024, time was granted by this Court to file written statement until 04.04.2024. Since the Applicant could not get the supporting documents in time, the delay of 53 days was occasioned.

3. The learned counsel for the respondent would submit that the delay has not been properly explained by the learned counsel for the petitioner/defendant and seeks for dismissal of the above Application.

4. Having heard the learned counsel on either side and having gone through the affidavit filed in support of the Application, I am satisfied with the reasons assigned in the said affidavit and in the interest of justice, an https://www.mhc.tn.gov.in/judis

P.B.BALAJI, J.

rkp opportunity should be afforded to the Applicant to file a written statement to contest the suit on merits. Accordingly, the delay is condoned and the Application is hereby ordered.

5. The plaintiff shall file a rejoinder if any, by 29.07.2024. In the meantime, the defendant shall take out a necessary Application for filing additional documents and file an affidavit of admission and denial.

6. Post the matter on 29.07.2024.

15.07.2024 rkp A.No.3302 of 2024 in OP (CR) Nos.2, 8 & 10 of 2023 and OP (TM) Nos.11 & 12 of 2023 and C.S. (Comm.Div) No.289 of 2023 and OA. Nos.1008, 1009 & 1010 of 2023 https://www.mhc.tn.gov.in/judis