Extension Of Limitation Not Applicable When Defendant Not Prevented From Filing WS: Delhi HC

• On March 23, 2020 the Hon’ble SC had extended the period of limitation for all filings until further orders. This was done owing to the difficulties that the Covid pandemic has created for everyone throughout the globe.
• Justice Asha Menon of the Delhi HC was dealing with an application for the condonation of delay filed by the defendants (Brainlink International) in a suit filed by HT Media Limited (HT Media Limited and anr vs. Brainlink International, INC. and anr). The defendants had claimed that they were not served with the summons and had only received an intimation of the institution of the suit. They further contended that they were under the bonafide belief that they were not required to file the written statement in the absence of the summons. They also requested for the condonation relying on the order of the SC mentioned above as their case was instituted during the Covid pandemic in 2020.
• The plaintiff’s argued that “it was clear that the conditions prevailing in the pandemic had not actually impacted the defendants to prevent them from interacting with their counsel and filing appropriate replies before the Court”.
• The Court observed that since the defendants were fully aware of the present case and that they had participated in various dates from 29 May, 2020, including in mediation, there was no reason for them to not file a w.s. in the Court.
• The court also observed that the contention of the defendants that the period of limitation had not begun to run due to non-service of summons does not hold merit as well. Thus, no merit was found in the application on either of the grounds mentioned in the application.

And now, a question for our aspirants-
An application for the condonation of delay is filed under which order of CPC?