USHA INTERNATIONAL LTD Vs. RAJKOT AGRO INDUSTRIES
LAWS(DLH)-2007-10-178
HIGH COURT OF DELHI
Decided on October 08,2007

USHA INTERNATIONAL LTD Appellant
VERSUS
RAJKOT AGRO INDUSTRIES Respondents

JUDGEMENT

SANJAY KISHAN KAUL, J. - (1.) The written statement has been filed with a delay of 167 days. No reply has been filed to the interim application. The interim Orders dated 06.02.2007 are made absolute and the application stands disposed of.
(2.) The applications have been filed by the defendants seeking condonation of delay in filing the written statement. Defendant nos.1 to 3 were served on 13.02.2007 while defendant no.4 was served on 15.02.2007. The local commissioner, appointed by this Court, to seize the offending goods visited the premises of the defendants on 13.02.2007 and handed over a copy of the Order. The written statement has been filed only on 29.08.2007 and re-filed on 15.09.2007. In the meantime, counsel for the defendants had entered appearance on 09.05.2007 and was directed to file the written statement along with the original documents in accordance with law.
(3.) A perusal of the averments made in the applications shows that it has been stated that the defendants are not well versed in English and were not aware of the legal position. It is further stated that the written statement was prepared on 20.05.2007 and sent by e-mail, but the local counsel could not open the e-mail. The defendants received a telephone call from their counsel in Delhi when they informed him about their difficulty and thus a hard copy was sent on 16.08.2007. Condonation of delay of 167 days is sought.;


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