JUDGMENT :

1. These Interim Applications, taken out in a Commercial Suit by original Defendants, seek condonation of delay of 410 days in filing of written statements. Alternatively, they apply for leave to treat the affidavits in reply filed earlier by the Defendants in a notice of motion taken out in the suit (Notice of Motion No.2430 of 2018) as written statements of the Defendants.

2 The suit has been filed as a commercial IP suit for preventing acts of infringement, passing off and unfair trade practice. The Plaintiff is a registered proprietor of various trademarks having the word “METRO” as their intrinsic part (“METRO marks”). The Plaintiff inter alia seeks a perpetual injunction restraining the Defendants from using the METRO marks or marks deceptively similar to them or having the word ‘METRO’ as their part. The writ of summons was duly served on the Defendants in October 2018. The Applicant/Defendants’ case in these applications is that though their written statements were ready, the same could not be filed due to drastic and far-reaching policy changes of the Union Government which had an overarching effect on the Defendants’ business strategy and activities and since the