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2017 (3) TMI 1816 - HC - Indian LawsCondonation of Delay of 75 days in Filing Reply - Section 5 of the Limitation Act, 1963, 1959 - HELD THAT - The delay of 75 days in filing the reply of the respondent-company is condoned - Application disposed off. Condonation of Delay in Refiling Affidavit - HELD THAT - The delay of 45 days in refiling the personal affidavit of the Managing Director of the respondent-company is condoned - Application disposed off. Let the rejoinder be filed within a period of four weeks from today - Renotify on 28.08.2017.
Issues Involved:
1. Condonation of Delay in Filing Reply 2. Condonation of Delay in Refiling Affidavit 3. Adjournment for Filing Rejoinder 4. Stay Application 5. Appointment of PL Application Condonation of Delay in Filing Reply: In the first application, the respondent-company sought condonation of a 75-day delay in filing its reply in accompanying petitions. The counsel for the petitioner did not oppose the application. The court, after considering the reasons provided in the application supported by affidavits, allowed the condonation of the delay and accepted the reply on record. The application was disposed of accordingly. Condonation of Delay in Refiling Affidavit: The second application involved a request for condonation of a 45-day delay in refiling the personal affidavit of the Managing Director of the respondent-company. Similar to the first application, the petitioner's counsel did not oppose this request. The court, upon reviewing the reasons and the supporting affidavit, granted the condonation of the delay and accepted the affidavit on record. The application was disposed of accordingly. Adjournment for Filing Rejoinder: In CO.PET.961/2015, the court adjourned the hearing of the petition at the request of the petitioner's counsel to allow time for filing a rejoinder to the reply submitted by the respondent-company. The court granted a period of four weeks for filing the rejoinder and scheduled a renotification for 28.08.2017. Stay Application: Regarding CO.APPL.3787/2015, the court scheduled a renotification for 28.08.2017, indicating that the matter was related to a stay application. Further details or reasons for the stay application were not provided in the summary. Appointment of PL Application: Lastly, CO.APPL.3788/2015, which pertained to the appointment of a PL, was dismissed at this stage as it was not pressed by the concerned party. The court did not elaborate on the reasons for the dismissal in the summary provided.
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