GREAVES COTTON LIMITED Vs. NEWAGE GENERATORS PRIVATE LIMITED

JUDGEMENT

(1.) Oa No.3/2019 in CS(Comm.)531/2017

(2.) Learned counsel for the appellant has pointed out that the appellant/defendant was served on 31.8.2017 and the written statement has admittedly been filed on 23.12.2017 i.e. within 82 days. Hence, there was a delay and an application for condonation of delay has been filed. He also states that the parties were appearing before the Delhi High Court Mediation and Conciliation Centre on 27.9.2017 to 20.7.2018 and this fact would itself be a ground for condonation of delay in filing the written statement.

(3.) I have heard learned counsel for the parties. Learned counsel appearing for the appellant has relied upon the judgment of this court in Telefonaktiebolaget L.M. Ericsson vs. Lava International Limited, 2016 226 DLT 342 to contend that where the parties were in Mediation from 27.9.2017 to 20.7.2018 and the period spent in mediation would have to be excluded for the purpose of computing the period for filing the written statement.