Leena Paulose v. Faisal Khan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN and CMP No.4271 of 2024 Leena Paulose, Proprietix, M/s.The Nail Artistry, New Door No. 176, Eldams Road, Teynampet, Chennai-18 Presently lodged in Mandoli Prison, Mangal Pandey Marg hars.

Appellant vs Faisal Khan Respondent For Appellant : Mr.K.S.Ilangovan for M/s.Achari and Antoni Associates For Respondent : Mr.K.M.Aasim Shehzad for M/s.BFS Legal

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Chief Justice) This appeal impugns an ad-interim order passed on 21.11.2023 in an interim application taken out seeking furnishing of security in a sum of Rs.3,21,00,013/-, pending disposal of the suit. The interim application is still pending.

2. Mr.Aasim Shehzad states that the suit itself is in final hearing stage and plaintiff has filed his written arguments.

3. Counsel for the appellant (original defendant) states that within one week he will file the written arguments and he assures that he will not seek any extension. If the written arguments are not filed within the said time, the trial Court will proceed on the basis that the appellant (original defendant) does not wish to file any written arguments.

4. We also find that in the cross examination of appellant recorded on 17.12.2024, appellant states that she is not even aware of the order which

is impugned in this appeal.

5. Therefore appeal stands dismissed. There will be no order as to costs. Consequently, the interim application also stands disposed of.

6. Appellant may raise all contentions before the trial Court at the hearing of the suit.

7. We clarify, we have expressed no opinion on the merits of the appeal.

8. Mr.Aasim Shehzad presses for costs. He may press for costs of this appeal before the trial Court.

(K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 04.06.2025 TAR/ars

The Hon'ble Chief Justice and Sunder Mohan, J.

(TAR/ars) To The Sub-Assistant Registrar, Original Side Section, Madras High Court O.S.A. (CAD) No.21 of 2024 04.06.2025