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Madras High CourtA/8783/2018allowed

C.R.Kasturi v. Chintadripet Fish And Perishable

2020-08-07Honourable Mr Justice C.V. Karthikeyan3 pages

A.No.8783 of 2018 in C.S.No.374 of 2017 C.V.KARTHIKEYAN, J., These Applications have been filed seeking to condone the delay of 137 days in filing written statement on behalf of D1- D4.

2. The suit had been originally filed in the Original Side and thereafter, after the Commercial Division had been established, transferred to the Commercial Division, in view of the fact that the issues raised are Commercial disputes.

3. It is also stated that the said applicants/D1-D4 have transferred their interest to the 5th defendant who has also filed a similar application seeking to condone the delay with practically the similar number of days and which delay was also condoned by the Court.

4. It is also stated that the suit had been transferred and therefore, the Court can examine the reasons given and condone the delay. Insofar as the reasons given, it is stated that there were several applications 1/2

C.V.KARTHIKEYAN, J., ub pending including appointment of Commissioner and on various other aspects and also permission to collect arrears amount from traders. In view of all this, these applicants are permitted to file their written statement. However, they have filed a written statement to express the bonafide. In view of the fact that in the interest of all the litigants every issue should be decided on merits, the application is allowed and the written statement filed on behalf of D1 to D4 is taken on file. 07.08.2020 ub A.No.8783 of 2018 in C.S.No.374 of 2017 (1/4) 2/2

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