3M COMPANY Vs. VIKAS SINHA

JUDGEMENT

(1.) By this appeal, the defendants/appellants are challenging the order dtd. 21/3/2022 passed by the learned Joint Registrar (Judicial) in I.A. No. 16400 of 2019 dismissing the said application filed by the defendants/appellants, seeking condonation of delay in filing of the written statement. Factual Background

(2.) Before adverting to the submissions made by the learned counsels for the parties, certain important dates would need reference to:

(3.) The learned counsel for the defendants/appellants submits that the ratio of the judgment in Ok Play India (supra), insofar as it held that a written application supported by an affidavit is a must for seeking condonation of delay in filing of the written statement, is per incuriam. Placing reliance on the judgment of the Supreme Court in Sesh Nath Singh and Another v. Baidyabati Sheoraphuli Cooperative Bank Limited and Another, (2021) 7 SCC 313, he submits that, in fact, it is not mandatory to file an application in writing before relief under Sec. 5 of the Limitation Act, 1963 (in short, the Limitation Act") can be granted to the applicant and had such an application been mandatory, Sec. 5 of the Limitation Act would have expressly provided so.