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Madras High CourtA/3809/2021allowed

Hindustan Unilever Ltd., v. Sree Annapoorna Foods And Another

2021-10-26Honourable Mr Justice R. Subramanian2 pages

A.No.3809 of 2021 in C.S.No.674 of 2010 A.No.3809 of 2021 in C.S.No.674 of 2010 R.SUBRAMANIAN, J.

This application has been filed seeking extension of time to take on record the statement of truth filed on behalf of the defendant in support of the written statement filed in July 2015 and the additional written statement filed on 30.08.2021 in C.S.No.674 of 2010.

2.The requirement of filing of statement of truth was introduced by the Commercial Courts Act, 2015, which came into force on 08.12.2018. By virtue of Section 15 of the Act, suits that were pending before the Court prior to the date of the Act stand transferred to the Commercial Division. Sub-section 3 of Section 15 provides that the Act applies to those proceedings that were not complete at the time of transfer. Admittedly, in the case on hand, the written statement was filed in July 2015 prior to the date on which the Commercial Courts Act came into force. Therefore, the prayer in respect of the written statement filed in July, 2015 is redundant. 1/2 https://www.mhc.tn.gov.in/judis/

A.No.3809 of 2021 in C.S.No.674 of 2010 R.SUBRAMANIAN, J.

KKN 3.Accepting the reasons assigned in the affidavit filed in support of the application and the fact that Mr.Abhinav Parthasarathy, learned counsel for the respondent has no objection for accepting the statement of truth now filed, this application is partly allowed, the statement of truth filed in support of the additional written statement filed on 30.08.2021 is taken on record.

26.10.2021 kkn A.No.3809 of 2021 in C.S.No.674 of 2010 2/2 https://www.mhc.tn.gov.in/judis/