Srinivasha Fashions Pvt Ltd v. Nahar Industrial Enterprises

IN THE HIGH COURT OF JUDICATURE AT MADRAS

FRIDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT:

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN Crl.M.P.NO.11018 of 2016 IN CRL.O.P.No.23508 of 2016

1. Srinivasha Fashions Private Limited, Rep by its Managing Director, Coppa V.Raveendran, 1A, Regency Apartments, No.5, 1st Floor, Nungambakkam High Road, Chennai - 600 034.

2. Coppa V.Raveendran, Managing Director of Srinivasha Fashions Private Limited, 1A, Regency Apartments, No.5, 1st Floor, Nungambakkam High Road, Chennai - 600 034.

3. Vijayalakshmi Raveendran, Director of Srinivasha Fashions Private Limited, 1A, Regency Apartments, No.5, 1st Floor, Nungambakkam High Road, Chennai - 600 034.

4. Varun, Director of Srinivasha Fashions Private Limited, 1A, Regency Apartments, No.5, 1st Floor, Nungambakkam High Road, Chennai - 600 034.

... Petitioners Vs.

Nahar Industrial Enterprises Limited, Focal Point, Ludhiyana - 141010(Punjab) and its branch office at 212, Cochrane basin road, Chennai - 600 021.

... Respondents

Prayer:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to dispense with the personal appearance of the Petitioners herein, who are all Accused in C.C.No.6544 of 2015 on the file of the I Fast Track Court, Egmore, Chennai. Decree:- This Petition coming on for hearing on this day, and upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of Mr.Y.Kaja Navas, Advocate for the Petitioner and Mr.U.Chandramouli for M/s.King & Partridge for the respondent, this Court made the following order:- After pronouncing of the order, the learned counsel for the petitioners prays this Court to dispense with the personal appearance of the petitioners before the trial Court in C.C.No.6544 of 2015.

2.As indicated in the order, there were payments made by the petitioners to the respondent and it is disputed by the respondent. The issue to be adjudicated is as to whether the payments had been entirely made or not. Admittedly, post dated cheques were issued by the petitioners and in this background, this Court permits the prayer of the petitioners to dispense with their appearance before the trial Court. Petitioners are required to appear before the trial Court as and when required by the trial Court and not on every date of hearing. Petitioners must ensure that they appear through their counsel for the hearing without any default and participate in the trial, failing appearance, the permission granted will automatically get vacated.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar sli To:

The I Fast Track Court, Egmore, Chennai.

+1cc to M/s.King & Partridge, Advocate, S.R.Nos.18641, 18642 +1cc to M/s.Y.Kaja Navas, Advocate, S.R.No.18999

DATED :

18.03.2022

ORDER

CRL.MP.NO.11018 OF 2016 IN CRL.OP.NO.23508 OF 2016 Giving direction etc., as stated therein.

SPD(CO) SU(31/03/2022)