← Library
Madras High CourtOSA(CAD)/12/2024withdrawn dismissed

Paulsons Beauty And Fashion Pvt Ltd v. Sulthana Restaurant

2024-08-28Honourable Mr Justice M. Sundar,Honourable Mr.Justice R.Sakthivel5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL O.S.A (CAD) Nos. 12 and 13 of 2024 and C.M.P. Nos.3180 and 3183 of 2024 in O.S.A (CAD) No. 12 of 2024 and C.M.P. No.3184 of 2024 in O.S.A (CAD) No. 13 of 2024 Paulsons Beauty and Fashion Private Limited rep. By its Authorised Signatory Mr.Aneesh Having Registered Office at No.12, Halls Road, Kilpauk, Chennai - 10.

.. Appellant in both OSAs Vs Sulthana Restaurant, No.101/1, Jawaharlal Nehru Madagadi, Near Arasalary Bridge, Karaikal, Puducherry - 609 602.

..Respondent in both OSAs Appeals filed under Section 13 of The Commercial Courts Act, 2015 against the common fair and decretal order dated 13.10.2023 passed in O.A.No.375 and 374 of 2023 in C.S.(Comm. Div.) No.100 of 2023.

For Appellant :

Mr.M.Dhanush in both the appeals 1/5

COMMON JUDGMENT (Judgment of the Court was delivered by M.Sundar, J.) Matter mentioned at half past ten.

2. Mr.Dhanush, learned counsel on record for appellant in the captioned 'Original Side Appeals' ('OSAs' in plural and 'OSA' in singular for the sake of brevity) and for petitioner in captioned 'Civil Miscellaneous Petitions' ('CMPs' in plural and 'CMP' in singular for the sake of brevity) thereat submits that the captioned OSAs arise out of interim orders but the main matter itself has since been disposed of and on that basis further submits that the captioned OSAs have become infructuous, saying so, learned counsel on record for appellant has made endorsements in the case file and scanned reproduction of the endorsements are as follows: Endorsement in O.S.A. (CAD) No.12 of 2024:

2/5

Endorsement in O.S.A. (CAD) No.13 of 2024:

3. Learned counsel reiterated the aforementioned endorsements after making the same.

4. In the light of the narrative thus far, captioned two OSAs and captioned three CMPs thereat are disposed of as 3/5

withdrawn/closed. Though obvious we make it clear that we have not expressed any view or opinion on the merits of the matter. There shall be no order as to costs.

(M.S.J.) (R.S.V.J.) 28.08.2024 Index:Yes/No mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.

4/5

M.SUNDAR.J., and R.SAKTHIVEL, J., mmi O.S.A (CAD) Nos. 12 and 13 of 2024 28.08.2024 5/5