SUNIL KUMAR Vs. LARSEN AND TOUBRO LTD

JUDGEMENT

(1.) The delay in filing the appeals is condoned. Both applications are disposed of.

(2.) The defendant has challenged the order dated 26th July, 2018, whereby the learned Joint Registrar has dismissed the defendant's applications for condonation of delay in filing the written statements and has directed the written statements to be taken off the record.

(3.) The defendant was served on 07th Sept., 2017 in CS(COMM)538/2017 and 08th Sept., 2017 in CS(COMM) 540/2017. The defendant filed the written statements in both these cases on 120th day of service of summons i.e. 05th Jan., 2018. However, the written statements were returned under objections. In the mean time, suit was listed on 18th Jan., 2018 and 31st Jan., 2018 before the learned Joint Registrar. Vide order dated 31st Jan., 2018, the learned Joint Registrar directed the defendant to place the written statements on record within one week failing which cost of Rs. 10,000.00 was imposed on the defendant. On 12th Feb., 2018, the learned Joint Registrar granted one more opportunity to the defendant to take steps for placing the written statements on record and for payment of cost. The defendant removed the objections and the written statements were placed on record on 24th Feb., 2018. The defendant also paid the cost of Rs.10,000.00 to the plaintiff on 26th Feb., 2018.