The court may condone delays in filing written statements due to extraordinary circumstances, such as the Covid-19 pandemic, emphasizing the need for flexibility in applying limitation laws.

JUDGMENT

Jayant Nath, J.(ORAL)--This hearing is conducted through video conferencing.

IA No.2441/2021

2. This application is filed by defendant No.3 under Order 8 Rule 1 CPC seeking condonation of delay of 82 days in filing the written statement. Learned counsel for the plaintiffs states that they have no objection to the application. The same is allowed. The written statement is taken on record.

IA No.7145/2020

3. This application is filed under Order 11 Rules 1(6) and 5(as amended) CPC.

4. Learned counsel for the plaintiffs states that in the discovery certain information has to be provided by defendant No.1.

5. Learned counsel for defendant No.1 states that they have filed certain documents on their own volition. This information is, for the time being, only available with defendant No.1. It is also stated that they have filed these documents without prejudice to the rights and contentions of the parties. In view of the above, learned counsel for the plaintiffs states that nothing further survives in this application. The same is disposed of.

IA No.4640/2020

6. List for arguments on 07.05.2021.

Interim orders to continue.

IA Nos.11872 & 7146/2020

7. The application being IA No.11872/2020 is filed by the defendants under Section 5 of the LIMITATION ACT seeking condonation of delay of 89 days in filing the written statement by the defendants.

8. It is stated that the present suit for alleged infringement of the patent IN 297760 was listed on 19.06.2020 when the defendants appeared through their learned counsel and accepted the notice. It is stated that the defendants tried their best to file the written statement within 30 days. It is stated that for filing the written statement the defendants had to go through multiple patents or non-patent literature running into 7000 pages approximately based on which the plea of invalidity of the suit patent is taken. It is stated that the 30 days period expired on 19.07.2020. The 120 days period to file written statement expired on 17.10.2020. The defendants filed the written statement on 17.10.2020. Thus, there is a delay of 89 days in filing of the written statement. Hence, it is prayed that this court may condone the delay of 89 days in filing of the written statement.

9. The application being IA No.7146/2020 is filed under Order VIII Rules 1 & 10 of the Amended Commercial Courts, Commercial Division And Commercial Appellate Division of High Court Act, 2015 by the plaintiffs praying that the right of the defendants to file the written statement and reply to IA No.4640/2020 may be closed and a judgment in favour of the plaintiffs and against the defendants be pronounced.

10. On 08.12.2020, this court passed the following orders:

"1. Summons in the suit and notice in the application to defendant No.3 were issued by this Court on 28th August, 2020. Learned counsel for defendant No.3 enters appearance and states that summons in the suit and notice in the application were received through e-mail and complete set of paper book was supplied on 15th October, 2020. Learned counsel further states that the defendant No.3 will file his written statement along with the application seeking condonation of delay.

2. Learned counsel for the plaintiff points out that the written statement on behalf of the defendant No.1 has been filed on 17th October, 2020 vide diary No.961463/20 and that too beyond the Court working hours i.e. after 4:00 p.m., and is, therefore, filed beyond 120 days. Further no written statement has been filed on behalf of defendant No.2. According to learned counsel as per Rule 14.2 of the E-filing Rules if document or an application or the suit or pleading is filed beyond 16:00 hours of the Court working day, the filing will be deemed to be made on the next working day.

3. Learned counsel for the defendant No.1 admits that the written statement was filed on 17th October, 2020 at around 9:30 p.m. in the night through E-filing.

4. Summons in the suit and notice in the