Madras High CourtA/5929/2023allowed

M/S.Trident Arts v. K.Sankar And 3 Others

2023-11-10Honourable Mr Justice Abdul Quddhose2 pages

A. Nos.5929 and 5930 of 2023 in C.S. (Comm.Div.) No.76 of 2023 A. Nos.5929 and 5930 of 2023 in C.S. (Comm.Div.) No.76 of 2023 ABDUL QUDDHOSE,J.

M/s.Trident Arts represented by its Sole Proprietor Mr.R.Ravindran .. Applicant in A.No.5929 of 2023 R.Manthiramoorthy .. Applicant in A.No.5930 of 2023 vs K.Sankar and others .. Respondents in both applications These applications have been filed to condone the delay of 147 and 144 days in re-presentation of the written statements of the second defendant and the first defendant respectively.

2.As seen from the averments contained in the affidavits, filed in support of these applications, the defendants 1 and 2 have filed their written statements within the prescribed time. However, when the written statements were returned by the registry for certain compliances, the same were misplaced in the office of the counsel for the respective defendants.

3.Registry has also submitted a report dated 06.11.2023, which confirms that the written statements were filed by the defendants 1 and 2 within the statutory period.

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

A. Nos.5929 and 5930 of 2023 in C.S. (Comm.Div.) No.76 of 2023 ABDUL QUDDHOSE,J.

vga 4.This Court has perused and examined the contents of the respective affidavits and is of the considered view that sufficient cause has been shown by the applicants/defendants 1 and 2 for condoning the delay in re-presentation of the written statements. Even though learned counsel for the respondents seeks time to file counter in these applications, this Court is inclined to allow these applications in view of the fact that sufficient cause has been shown by the applicants/ defendants 1 and 2 for condoning the delay in re-presentation of the written statements. Accordingly, these applications are allowed as prayed for. 5.

Since the suit summons on the defendants 3 and 4 has been returned as un-served, the plaintiff is directed to effect substituted service on the defendants 3 and 4 by effecting paper publication in a National Daily, having wide circulation at the place, where the defendants 3 and 4 are having their place of office/ residence for the hearing date on 01.12.2023. Post the suit on 01.12.2023. 10.11.2023 vga A. Nos.5929 and 5930 of 2023 in C.S. (Comm.Div.) No.76 of 2023 https://www.mhc.tn.gov.