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Application For Condonation Of Delay Must Be Submitted With A Written Statement Filed Beyond 30 Days Of Issue Of Summons: Delhi High Court

The Delhi high Court passed an order holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 days must mandatorily be accompanied with a written application setting out the reasons for the delay. This would allow the court to consider the reasons so given, to condone delay and receive the belated written statement giving reasons for granting such leave and enabling the court to impose appropriate costs, added Justice Asha Menon. “No application can be filed, seeking condonation of delay in filing the written statement after 120 days have elapsed from the date of service of summons.” This observation was made by the Single Judge Bench while hearing a petition under Article 227 of the Constitution of India aggrieved by the Commercial Court’s order dated 26 November, 2019, whereby it had rejected the objections raised by the petitioner/plaintiff against the belated filing of the written statement by the respondents/defendants, allowing an application filed for condonation of delay much after the period of limitation.

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