M/S Cma Cgm Agencies (India) Pvt Ltd v. M/S.Pokarna Engineered Stone Limited And 2 Others

A.No.4359 of 2022 in C.S (Comm Div) No.117 of 2022 A.No.4359 of 2022 in C.S (Comm Div) No.117 of 2022 M.SUNDAR.J., In this order, the parties are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

2. Mr.N.Venkatraman of M/s.Nageswaran & Narichania (Law Firm) on behalf of two plaintiffs and Mr.S.Raghunathan, learned counsel for lone defendant now (earlier first defendant) are before this Commercial Division.

3. Captioned application has been taken out with a prayer for 'Condonation of delay' ['COD'] in filing written statement. Though not adequately articulated in the support affidavit, learned counsel for plaintiff submits that time was consumed in collection and collation of documents / data from the lone defendant and there was also delay in getting instructions.

4. It may not be necessary to dilate any further on these details owing to the fair stand that is taken by the learned counsel for plaintiff. Learned counsel for plaintiff very fairly submits that he is not opposing the prayer as it is innocuous and learned counsel submits that the prayer can be considered at the discretion of this Court.

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A.No.4359 of 2022 in C.S (Comm Div) No.117 of 2022 M.SUNDAR.J., gpa

4. Owing to the facts and circumstances and given the nature of the matter, this Court is inclined to accede to the COD prayer. Captioned application ordered as prayed for.

Let the written statement be taken on file if it is otherwise in order. There shall be no order as to costs.

28.09.2022 gpa A.No.4359 of 2022 in C.S (Comm Div) No.117 of 2022 2/2 https://www.mhc.tn.gov.in/judis