Authority: High Court of Judicature at Madras
Order Date: 31-07-2026
Case Overview
- Parties: Applicants – M/s Francis Kanoi Marketing and two other entities (Francis Kanoi Marketing Planning Services Pvt. Ltd) represented by Managing Director Francis Xavier; Respondent – Mr Ajith S Lulla.
- Case numbers: A No. 2164 of 2026, CS No. 46 of 2026 (summary suit).
- The applicants received summons for judgment on 30‑03‑2026, filed a leave‑to‑defend application on 01‑04‑2026, but the Registry recorded a three‑day delay, prompting this condonation application.
- Respondent opposed, stating the delay was not properly explained and alleged the application was filed to protract proceedings, also seeking security for the suit claim.
Final Outcome
- The Court, relying on Order XXXVII Rule 3(7) of the CPC, found the three‑day delay to be non‑wilful and excused it.
- The Registry is directed to number the application seeking leave to defend, provided it is otherwise in order, and place it before the Court for merits.
- No costs are awarded.
Topics: Court Order, Procedural Delay, Civil Procedure