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2014 Supreme(Del) 700

SANJEEV SACHDEVA
Union of India – Appellant
Versus
Shanti Gurung – Respondent


Advocates Appeared:
For the Plaintiffs:A.S. Chandioke, Senior Advocate with Yamini Khurana, Advocate.
For the Defendants:Mohit Choudhary with Jayshree Satpute, Damini Chawla, Pragya Singh, Advocates.

Judgment

Sanjeev Sachdeva, J.

1. The Plaintiffs have filed the Chamber Appeal impugning the order dated 06.09.2013 of the Joint Registrar. The Joint Registrar by the order of 06.09.2013 allowed the application of the Defendant No. 1 for condonation of delay of 129 days in filing the Written Statement. The Joint Registrar by the impugned order has held that though the Defendant could have filed the Written Statement within reasonable time after service but consumption of some time in communication overseas cannot be ruled out. He has further held that the Defendant No. 1 cannot claim that the entire delay has been occasioned on account of loss in transaction or for want of instructions/details and as such, some amount of neglect is attributable to the Defendant. He has, however, held that in the larger interest, considering the nature of lis, the stakes involved and the stage of proceedings, the prejudice caused to the Plaintiff could be compensated in terms of the costs. The delay has accordingly been condoned and the Written Statement has been directed to be taken on record. The Plaintiffs have impugned the condonation of delay and taking on record of the Written Statement.

2. The
























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