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2021 Supreme(Del) 2352

MANMOHAN, ASHA MENON
Mukul Taneja – Appellant
Versus
Metro Lifestyles India Pvt Ltd – Respondent


Advocates appeared:
Dinesh Monga, Advocate, Monika Shahi, Advocate, Ajay Pal Singh, Advocate

JUDGMENT

Manmohan, J. - Present appeal has been filed challenging the order dated 20th January 2020 passed by learned Single Judge in CS(COMM) 261/2017 whereby appellant's application being IA No. 18393/2019 for extension of time to bring the written statement on record was dismissed. Appellant also prays that the aforesaid application be allowed and his written statement be taken on record.

2. On 20th January, 2020, the learned Single Judge while dismissing the appellant's application for enlargement of time had observed as under:-

    "I.A. 18393/2019 (enlargement of time to file W.S. by D-2)

      **********

        13. In the present application, the plea of the defendant No.2 is that subsequent to the order dated 2nd May, 2019 the counsel for the applicant/ defendant No.2 developed some serious ailments and left for heavenly abode on 4th July, 2019 and this fact was brought to the notice of the Court on 18th July, 2019. Thereafter the defendant No.2 engaged another counsel to pursue the present suit. The defendant No.2 claims that to the other counsel all inputs were given and the amount of ?40,0000/- was also given to the said counsel as cost. The said counsel filed the written statement on behalf

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