M/S Doshi Housing Ltd v. M/S Sundaram Constructions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN & M.P.No.1 of 2015 (2 Nos) M/s Doshi Housing Ltd., Rep. by its Managing Director No.3H, Century Plaza, 560, Anna Salai Teynampet, Chennai - 600 018.

... Petitioner in C.R.P. No.1803 of 2015 .S.M.S.Bucary Wakf-al-Aulad Estate Rep. by its Muthavalli S.M.S.Kalvath Syed Abdul Khader ... Petitioner in C.R.P. No.1915 of 2015 Vs 1.M/s Sundaram Constructions Rep. by its Managing Director S.Pandian 2.S.M.S.Bucary Wakf-al-Aulad Estate Rep. by its Muthavalli S.M.S.Abdul Khader 3.M/s MEC International Pvt. Ltd., Rep. by its Authorized Signatory H.C.Singhal ... Respondents in C.R.P. No.1803 of 2015 1.M/s Sundaram Constructions Rep. by its Managing Director S.Pandian.

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2.M/s MEC International Pvt. Ltd., Rep. by its Authorized Signatory H.C.Singhal.

3.M/s Doshi Housing Ltd., Rep. by its Managing Director No.3H, Century Plaza, 560, Anna Salai Teynampet, Chennai - 600 018.

... Respondents in C.R.P. No.1915 of 2015 Prayer in C.R.P.No.1803 of 2015: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the decretal order passed in I.A.No.12526 of 2014 in O.S.No.1900 of 2014 dated 12.12.2015 on the file of the III Assistant Judge, City Civil Court, Chennai. Prayer in C.R.P.No.1915 of 2015: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the decretal order passed in I.A.No.12525 of 2014 in O.S.No.1900 of 2014 dated 12.02.2015 on the file of the III Assistant Judge, City Civil Court, Chennai. For C.R.P. No.1803 of 2015:

For Petitioner : Ms.A.L.Gandhimathi For Respondents : Mr.A.Kalaivanan for R1 Mr.T.S.Baskaran for R2 Mr.Sandeep Samir Shah for Shah and Shah for R3 For C.R.P. No.1915 of 2015:

For Petitioner : Mr.T.S.Baskaran For Respondents : Mr.A.Kalaivanan for R1 Mr.Sandeep Samir Shah for Shah and Shah for R2 Ms.A.L.Gandhimathi for R3 2/4

C O M M O N O R D E R Both the Civil Revision Petitions are arising out of the same suit in O.S.No.1900 of 2014.

2.The learned counsel for the petitioners would submit that the main suit in O.S.No.1900 of 2014, on the file of the III Assistant Judge, City Civil Court, Chennai, itself dismissed for default on 18.11.2019. 3.In view of the submission made by the learned counsel for the petitioners nothing survives for further adjudication. Hence, both the Civil Revision Petitions are dismissed. However, the petitioners are at liberty to restore the Civil Revision Petitions, after restoring the main suit on the file of the III Assistant Judge, City Civil Court, Chennai. No costs. Connected miscellaneous petitions are closed.

19.01.2021 Index:Yes/No Internet: Yes/No Speaking Order: Yes/No Jer To The III Assistant Judge, City Civil Court, Chennai. 3/4

G.K.ILANTHIRAIYAN.J, Jer & M.P.No.1 of 2015 (2 Nos) 19.01.2021 4/4