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2018 (12) TMI 1956 - HC - Indian LawsCondonation of delay in filing written statements - right of the defendants to file the written statement was closed as 120 days prescribed in CPC for filing the written statement have expired - re-filing tentamounts to fresh filing or not - HELD THAT:- It is admitted fact that the defendants have filed the written statement on 07.05.2018 after being served on 08.01.2018. It is settled legal position that delay in re-filing has to be considered on a different footing. Reference in this context may be had to the judgment of the Division Bench of this court in S.R. Kulkarni vs. Birla VXL Ltd. [1998 (5) TMI 421 - DELHI HIGH COURT] has held that When there is negligence or causal approach in a matter like this in refiling of an application, though the court may not be powerless to reject an application seeking condensation and may decline to condone the delay but at the same time, passing of any other appropriate order including imposition of cost can be considered by the court to compensate the other party from delay which may occur on account of refiling of the application. The written statement is taken on record if re-filed within one week from today subject to costs of Rs.15,000/- - Appeal allowed.
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