M/S.Sasikala Production v. G.Jayakumar And Another

A.No.3584 of 2024 in C.S.(Comm Div) No.78 of 2024 P.VELMURUGAN , J This application has been filed by the applicant/second defendant to condone the delay of 59 days in filing the written statement of the second defendant in C.S.(Comm Div) No.78 of 2024.

2. Though the statute provides the time period of 30 days for filing the written statement from the date of receipt of suit summon, with condoned delay or leave of the Court, the written statement can be filed within 90 days thereafter i.e. within 120 days from the date of receipt of suit summons. In this case, since the applicant/2nd defendant could not file the written statement within 30 days from the date of receipt of suit summons, he has filed the present application to condone the delay of 59 days in filing the written statement.

3. Though the learned counsel for the first respondent/plaintiff has not raised any serious objection to allow this application and also reasons stated in the accompanying affidavit is not satisfied, in order to give opportunity to the applicant/ second defendant to contest the suit, the delay is condoned on payment of costs of Rs.10,000/-[Rupees Ten thousand only]. The applicant is 1/3

directed to pay the said costs to the credit of "Advocate Clerks Welfare Association, High Court of Madras" on or before 30.07.2024.

4. Registry is directed to take the written statement on file, if it is otherwise in order.

5. List the matter on 31.07.2024 for reporting compliance. 18.07.2024 (2/2) mfa 2/3

P.VELMURUGAN , J mfa A.No.3584 of 2024 in C.S.(Comm Div) No.78 of 2024 18.07.2024 3/3