United India Insurance Company Limited v. Iffco Tokio General Insurance Comapny Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.2537 of 2025 in C.S.(Comm.Div.) No.25 of 2025 United India Insurance Company Limited, Having its Registered Office at No.24, Whites Road, Chennai-600 014.

... Applicant/Defendant -vsIffco Tokio General Insurance Company, Represented by its authorised signatory Mr.Hemant Bhatia, Having its Registered Office at IFFCO Sadan, C1 District Centre, Saket, New Delhi-110 017.

...Respondent/Plaintiff

Prayer : Application is filed under Order XIV Rule 8 of O.S. Rules Read With Order VIII Rule 1 of the Code of Civil Procedure, 1908 Read With Section 5 of the Limitation Act, to condone the delay of 89 days in filing the written statement of the defendant in C.S.(Comm.Div)No.25 of 2025 pending on the file of this Court.

For Applicant : Mr.Keerthikiran Murali For Respondent : Mr. P.Rajkumar Jhabakh 1/3

ORDER

By this application, the sole defendant seeks condonation of delay of 89 days in filing the written statement. In paragraph 4 of the affidavit in support of the application, it is stated that the preparation of the written statement took about 50 days. It is stated that the draft had to be examined thereafter both by counsel and by the legal department.

2. Learned counsel for the plaintiff submits that the defendant has not explained the reasons for delay of 89 days and has only provided an explanation for about 1 1⁄2 months.

3. By taking into account the length of delay and the explanation set out in paragraphs 4 & 5 of the affidavit in support of this application, I conclude that sufficient cause is shown. Therefore, this application is allowed and the Registry is directed to receive the written statement of the defendant.

07.07.2025 kj (1/2) 2/3

SENTHILKUMAR RAMAMOORTHY,J kj A.No.2537 of 2025 in C.S.(Comm.Div.) No.25 of 2025 07.07.2025 (1/2) 3/3