(May 3, 2002) 2002 (TLS)126917

2002-DLT-98-127 :: 2002-ILRDLH-9-245

HECTOR M. MEHTA Vs. CRE Capital Markets LIMITED

SHARDA AGGARWAL

( 1 ) THIS order shall dispose of defendant No. 1 s two applications being IA. No. 822/02 under Order 37 Rule 2 CPC for filing appearance and IA. No. 823/02 under Section 5 of the Limitation Act read with Order 37 Rule 3 (vii) CPC for condonation of delay in filing the appearance.

( 2 ) DEFENDANT No. 1 was served with summons of the suit under Order XXXVII CPC on 25/08/2000. These summons were served through the Official Liquidator as the defendant No. 1 company had gone in liquidation and the Official Liquidator was appointed as the Provisional liquidator of the Company. The Official Liquidator entered his appearance through counsel Shri S. C. Sharma, advocate on 3/08/2001. The reason for condoning the delay in filing the appearance is that summons and the copy of the plaint got mixed up with huge and voluminous cases filed by the Company which were pending in the Company Court. It is submitted that the delay is inadvertent and unintentional. The plaintiff has opposed the application for condonation of delay on the ground that the applica