M/S.Sri Sai Shakthi Agencies v. M/S.Greaves Limited

THE HON'BLE JUSTICE SMT P.SREE SUDHA APPEAL SUIT No. 3889 OF 2003 JUDGMENT:

[ Both the counsel present.

2.

Learned Counsel for the appellant stated that on 17.12.2003, interim stay was granted subject to the condition of depositing of suit costs within a period of two weeks. Despite several adjournments, the conditional order has not been complied with.

3.

Therefore, on 13-04-2004 C.M.P.No.29459 of 2003 was filed by the judgment debtor stating that the conditional order passed on 17.12.2003 had not been complied with. In the said circumstances, on 13-04-2004, this Court granted interim order as prayed for, pending disposal of the appeal, on condition of the appellant depositing suit costs within a period of two weeks, in default, the stay granted on 17-12-2003 stands vacated. Till today the conditional order has not been complied with.

PSS,J A.S. NO.3889 OF 2003 4.

As the appellant failed to comply with the conditional order dated 13-04-2004, the appeal is liable to be dismissed.

5.

Accordingly, the appeal is dismissed.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE SMT P.SREE SUDHA 26.10.2022.

PSW/PRV

PSS,J A.S. NO.3889 OF 2003 THE HON'BLE JUSTICE SMT P.SREE SUDHA APPEAL SUIT No. 3889 OF 2003 26.10.2022 PSW/PRV