Play Games 24X7 Private Limited vs Loran Leasing And Infotech Private ...
2023 Latest Caselaw 12236 Bom

Bombay High Court

Play Games 24X7 Private Limited vs Loran Leasing And Infotech Private ... on 5 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

2023:BHC-OS:14228

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION
                          INTERIM APPLICATION (L) NO. 28862 OF 2023
                                           IN
                              COMMERCIAL SUIT NO. 102 OF 2023

               Play Games 24x7 Private Limited                  .. Applicant/Org.
                                                                   Defendant
                                Versus
               Loran Leasing And Infotech Private Limited .. Respondent/ Org.
                                                             Plaintiff
                                              ...

               Mr. Ativ Patel a/w Mr. Harshad Vyas i/b AVP Partner for the
               Applicant.
               Mr. Yashesh K i/b Nahush Shah Legal for the Plaintiff.

                                           CORAM: BHARATI DANGRE, J.

DATED : 5th DECEMBER 2023 P.C:-

1 The present Interim Application is taken out for condoning the delay of 67 days in filing the written statement, the Interim Application having been filed on 11/10/2023, has set out the reasons why the written statement could not be filed within the initial prescribed period of 30 days.

The application categorically states that the Writ of Summons was served upon the defendant on 6/07/2023, but it is stated that the applicant on 17/03/2021, had filed a Commercial Summary Suit vide no.75 of 2021 for recovery of the outstanding amount along with the interest and the respondent entered appearance in the said Suit. Thereafter, the applicant had also filed a summons for judgment and it is only when the respondent filed his affidavit to

Ashish

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Summons for Judgment no. 65 of 2021 seeking leave to file the present Commercial Suit filed by him, he gained knowledge about the same. The present Suit was dismissed on 6/05/2022, by the order of Prothonotary and Senior Master and it came to be restored subsequent.

In this entire conundrum, the delay had occasioned and though the written statement was made ready and attempted to be filed along with the application for condonation of delay, before expiry of 120 days, the counsel for the defendant has specifically invited my attention to an email communication dated 16/10/2023, addressed to the plaintiff forwarding the scanned copy of the Interim Application as well as the scanned copy of the written statement.

In the wake of the same, the contention of the counsel for the plaintiff that the interim application do not mention that the written statement was not ready for its filing is not worth consideration.

Considering the Application and since the delay is sufficiently justified in the application, I deem it appropriate to grant the same.

Interim Application is made absolute in terms of prayer clause (a). The written statement is directed to be taken on record.

( SMT. BHARATI DANGRE, J.)

Ashish