INFO EDGE(INDIA) LTD Vs. SANJEEV GOYAL

JUDGEMENT

(1.) THIS is an application by the defendant seeking condonation of delay in filing the written statement alleging that there are exceptional circumstances in the facts and circumstances for condonation of delay.

(2.) THE defendant specifically contended that he had not been served properly by the plaintiff till the date of filing of the written statement. It is contended that the plaintiff had been sending emails to him without serving him with the entire paper book of the suit.

(3.) THE applicant has contended that he received the letter dated 24th February, 2007 from Francis and George, Advocates and Consultants, of Mr.C.V. Francis, Advocate, asking him to make suitable arrangement for defending the applications before the court since he was not in the picture and not able to defend the defendant. This letter completely surprised the defendant because he was under the bona fide impression that since he has paid the fees and sent the document, the case is being contested on his behalf. The said counsel had also written a letter dated 16th February, 2007 to the counsel for the plaintiff stipulating that he is not a counsel for Mr.Sanjiv Goel, defendant/applicant although a colleague of Mr.C.V. Francis had appeared in the court on account of telephonic information. In his letter to the counsel for the plaintiff, it was also stated that he has not received any vakalatnama nor he has been instructed by the applicant to represent before the court and he is helpless to deal with the situation and, therefore, the plaintiff was asked to deal directly with the defendant since the counsel, Mr.C.V. Francis alleged that he was not in the picture. The said counsel, however, never intimated the defendant that he had not received the vakalatnama signed and sent by the defendant and that he has not been instructed and paid fees by Rishi Chawla advocate.