VISIONAIRE INDIA Vs. IBM INDIA PVT. LTD.

JUDGEMENT

(1.) O.A. No.303/2014 (Chamber Appeal by the defendant against the order dated 29.11.2014)

(2.) Before referring to the arguments advanced by the counsels for the parties, it is considered necessary to refer to the relevant dates for the purposes of examining the extent of delay on the part of the defendant/appellant in filing the written statement and the delay in refiling the application for condonation of delay and the adequacy of the explanation offered by the defendant.

(3.) As per the memo of parties, the plaintiff has furnished two addresses of the defendant; the first address is that of its office at New Delhi and the second one is of Bangalore, Karnataka. Summons in the suit were issued on 18.09.2012, returnable on 27.02.2013. The admitted position is that the Delhi office of the defendant had received the summons on 19.11.2012 and the prescribed timeline of 30 days for filing the written statement, if reckoned from 19.11.2012, would have expired on 18.12.2012. However, the written statement came to be filed on 18.02.2013. This was followed by an application filed by the defendant/appellant under Section 151 CPC, praying inter alia for condonation of delay of 59 days in filing the written statement. However, the said application, registered as I.A. 15019/2013, was filed by the defendant after two days, on 20.02.2013. The records reveal that the said application was returned by the Registry due to some defects and it was re-filed by the defendant's counsel on 25.02.2013.