Mr. Rajiv Sahai Endlaw, J. - IAs No. 9656/2016 & 9657/2016 (both of defendant for leave to defendant and for condonation of 12 days delay in applying therefor) & IA No. 12094/2016 (for condonation of 12 days delay in filing reply to IA No. 9656/2016) - (1.) The application of the defendant for leave to defend the suit under Order 37 of Code of Civil Procedure, 1908 (CPC) for recovery of Rs.2,76,00,000/- with interest is accompanied with an application for condonation of twelve days delay in applying for leave to defend and the application of the plaintiff for condonation of twelve days delay in filing reply to application for leave to defend are for consideration.
(2.) On the aspect of delay, I may notice that the defendant in this case had delayed entering of appearance in pursuance to the summons for appearance, also by two days. Even though there was no application for condonation of such delay but the counsel for the plaintiff on 11th July, 2016, for the sake of expediency, agreed to the delay in entering appearance to be ignored subject to the defendant waiving service of summons for judgment and filing leave to defend application within the prescribed time from that date.
(3.) The delay of twelve days is thus the second delay on the part of the defendant in this suit. The reason given for the delay is the ailment of the wife of the defendant. The ailment of the wife of the defendant has no correlation to the timely filing of the application for leave to defend. The counsel for the defendant must have had instructions when he entered appearance and appeared before this Court on 11th July, 2016 and no such circumstance has been shown that the defendant could not spare the time to give further instruction, if any required or to sign the application for leave to defend.;