K.N.Rajan v. The Arc Electrodes (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and M.P.Nos.1 and 2 of 2008 K.N.Rajan .. Appellant

Versus

1. The Arc Electrodes (P) Ltd.

a company incorporated under The Companies Act, 1956, having its registered office at Vanguard House, II Floor, No.11/12, Second Line Beach, Madras - 600 001.

2. The Tamilnadu Industrial Investment Corporation, A company registered under the Indian Companies Act, Having its registered Office at LLA Buildings, 150A, Anna Salai, Madras - 2.

3. Shagwanthi Wadhumal

4. Hashmati Hiranand Helwani

5. The D&R Secheron Electrodes (P) Ltd.

a Company incorporated under the Indian Companies Act, 1956, Indore.

.. Respondents 1/4

Prayer : Appeal Suit filed under Section 96 read with Order XLI A(1) & (2) of Civil Procedure Code, 1908 against the judgment and decree, dated 27.09.2007 made in O.S.No.9412 of 1995 on the file of the learned Additional District and Sessions Judge, Fast Track Court-IV, Chennai. For Appellant : M/s.Vasudha Thiagarajan For Respondents : R1 - Refused Mr.Sampath Kumar, for R2 R3 - Notice served R4 - Died M/s.N.Krishnaveni, for R5

JUDGMENT

It is seen that the sole appellant has since died. Inspite of repeated opportunities, no application has been filed to set aside the abatement or to bring the legal heirs of the sole appellant on record as the appellants. The learned Counsel for the appellant submits that inspite of her best efforts, she is unable to contact the parties or get particulars to file the application.

2. In that view of the matter, this Appeal Suit is dismissed as having abated. However, there shall be no order as to costs. Consequently, connected miscellaneous applications are closed. 25.11.2022 Index : yes/no 2/4

Speaking order/Non-speaking order grs To

1. The Additional District and Sessions Judge, Fast Track Court-IV, Chennai.

2. The Section Officer, VR Section, High Court of Madras.

3. The Tamilnadu Industrial Investment Corporation, A company registered under the Indian Companies Act, Having its registered Office at LLA Buildings, 150A, Anna Salai, Madras - 2.

3/4

D.BHARATHA CHAKRAVARTHY, J., grs and M.P.Nos.1 and 2 of 2008 25.11.2022 4/4