M/S Abhijeet Metalics And 2 Others v. M/S Sinto Bharat Manufacturing Pvt Ltd

A.No.959 of 2023 in C.S.(COMM. DIV)No.58 of 2022 A.No.959 of 2023 in C.S.(COMM.DIV)No.58 of 2022 C.SARAVANAN, J.

This application has been filed to condone the delay of 216 days in filing the written statement of D2 and adoption memo of defendants 1 and 3 in the above civil suit.

2. Though in the Judges summons, it has been stated that there is a delay of 216 days in filing the written statement, the facts on record indicate that the suit summons was served on the defendants 1 to 3 on 16.04.2022. The written statement has been filed by the defendants on 10.08.2022 along with the above application for condoning the delay. The actual delay is only 115 days from 16.04.2022.

3. It is within the condonable period under Order VIII Rule 1 of C.P.C. as amended for the purpose of Commercial Courts Act, 2015. Therefore, the delay is condoned and accordingly this application is allowed.

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

A.No.959 of 2023 in C.S.(COMM. DIV)No.58 of 2022 C.SARAVANAN,J.

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4. List this case on 14.03.2023 for filing of the statement of admission and denial of documents and for filing of framing issues. 22.02.2023 kkd A.No.959 of 2023 in C.S.(COMM.DIV)No.58 of 2022 https://www.mhc.tn.gov.in/judis 2/2