J KOHLI Vs. RAM BHAGWAT

JUDGEMENT

(1.) Defendants have moved IA No.1263/2003 under Rule 3 Chapter VI of the Delhi High Court (Original Side) Rules, 1967 read with Section 151 of the Code of Civil Procedure praying for condonation of delay in filing the written statement while the plaintiffs have moved IA No.565/2003 under Order VIII Rule 10 read with Section 151 CPC praying for a judgment and decree in terms of the prayer set out in the suit on the failure of the defendants to file the written statement within the period as prescribed under Order VIII Rule 1 CPC.

(2.) In brief, the facts are that the plaintiffs have filed a suit against the defendants for breach of contract, damages and permanent injunction from violating the registered copyright of plaintiff No.1 and other intellectual property rights etc. The suit was ordered to be registered and summons of the suit and notice of the interlocutory application under Order XXXIX Rules 1 & 2 were ordered to be issued to the defendants on 28th May, 2002, returnable for 19th September, 2002. The proceedings were taken up before the Joint Registrar on 19th September, 2002 when the counsel represented the defendants and sought time for filing written statement and reply to the IA. The Joint Registrar allowed the same to be filed within one week. The matter was adjourned to 6th February, 2003. However, before the said date, the plaintiffs moved the present application being No.565/2003 which came up for hearing on 17th January, 2003 and it was stated by the counsel for the defendants that the written statement stands already filed on that day and advance copy furnished to the counsel for the plaintiffs. The defendants were called upon to file the reply which was filed alongwith the application seeking condonation of delay in filing the written statement.

(3.) I have heard the counsel for the parties and have given my thoughtful consideration to their respective submissions.