Kumkum Buildcon Pvt Ltd v. Appaswamy Real Estates Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.437 of 2025 in C.S.(Comm.Div.) No.1 of 2023 Kumkum Buildcon Pvt Ltd Represented by its Managing Director Mr Nishant Kumar A504 Remi Biz Court Shah Industrial Estate Off Veera Desai Road Andheri West Mumbai 400 053 ... Applicant -vsAppaswamy Real Estates Ltd Represented by its Managing Director Mr Nishant Kumar A504 Remi Biz Court Shah Industrial Estate Off Veera Desai Road Andheri West Mumbai 400 053Represented by its Managing Director Mr Ravi Appaswamy, No.3, Mangesh Street, T.Nagar, Chennai 600 017.

... Respondent For Applicant : Ms.Ami Kataria for M/s.P.J.Rishikesh For Respondent : Ms.Subhadra Madhavan for M/s.Abishek Jenasenan **********

ORDER

By this application, the plaintiff seeks leave to substitute the Chartered Accountant certificate dated 15.06.2022 with certificate dated 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J rna 25.09.2024. In the affidavit in support of the application, it is stated that leave is requested because the Chartered Accountant who issued certificate dated 15.06.2022 is unable to travel to Chennai to depose.

2. Learned counsel for the defendant has no objections to this application being allowed.

3. Upon examining the reasons set out in the affidavit and being satisfied that reasonable cause is shown, this application is allowed subject to the right of the defendant to file an affidavit of admission / denial in respect thereof and raise objections inter alia on grounds of admissibility, relevance and proof in course of trial.

19.02.2025 (1/2) rna A.No.437 of 2025 in C.S.(Comm.Div.) No.1 of 2023 2/2 https://www.mhc.tn.gov.in/judis