SURESH KHANNA Vs. OP SURI MEMORIAL EDUCATION SOCIETY

JUDGEMENT

(1.) IA NO. 18727/2014 (O.VIII r/w. Section 151 CPC) in CS (OS) 563/2014

(2.) IT is averred that as against the claim of Rs.1,54,41,500/ - made by the Plaintiff, in fact the Defendant was entitled to refund of Rs.51,91,959/ -

(3.) IT is averred that however, when the Defendant contacted its counsel, it was informed that the counsel was not keeping good health and therefore, adjournment shall be sought on 11.07.2014 to file the written statement. It is the case of the Defendant that after attending the date on 11.07.2014, the counsel informed that the next date of hearing is 15.09.2014. Thereafter, the Defendant repeatedly tried to contact the counsel and it was informed that the Defendant's counsel was not keeping good health and ultimately on 08.09.2014, it was informed that the counsel has been unfortunately diagnosed with cancer and had to undergo a very lengthy treatment in Max Super Speciality Hospital, Delhi. Hence, the files were taken back from the counsel and that is why on 11.09.2014, the Defendant immediately engaged a new counsel on that very day, who went through the file and prepared the written statement which was finally filed on 16.09.2014. The Defendant/applicant therefore, seeks condonation of delay of 95 days in filing the written statement.