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Madras High CourtA/1069/2023allowed on condition

Mrs.Lavanya Iyer, v. M/S Convastay Hospitality Pvt Ltd., Rep.By Its Director Mrs.M.Karunya Lakshmi,

2023-02-23Honourable Mr Justice Krishnan Ramasamy2 pages

A.Nos.1069 and 1071 of 2023 A.Nos.1069 of 2023 in O.P.No.352 of 2021 and A.No.1071 of 2023 KRISHNAN RAMASAMY, J.

This application was filed to recall the order dated 09.01.2023 passed by this Court in O.P.No.352 of 2021.

2. The learned counsel for the applicant would submit that since his name was wrongly printed as Roshini Balasubramanian instead of Roshan Balasubramanian, he was not able to appear at the time of passing the order and hence, he requests for recall of the aforesaid order.

3. The learned counsel appearing for the respondent would submit that he has an objection in allowing this application. He would further submitted that since the order was passed in O.P.No.352 of 2021, the respondent had filed the claim before the Arbitration and for the same, he had spent about a sum of Rs.5,000/-. Therefore, if the applicant pay the said amount of Rs.5,000/-, he has no objection in allowing this application and recalling the aforesaid order. https://www.mhc.tn.gov.in/judis Page No.1/2

A.Nos.1069 and 1071 of 2023 KRISHNAN RAMASAMY, J.

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4. In response to the submission made by the learned counsel for the respondent, the learned counsel for the applicant undertakes to pay a sum of Rs.5,000/-, which was spent by the respondent in filing the claim before Arbitration.

5. Considering the fact that the name of the counsel was wrongly printed in the cause list, the order dated 09.01.2023 passed by this Court in O.P.No.352 of 2021 is recalled. The applicant is directed to pay a sum of Rs.5,000/- within two weeks from today (23.02.2023) to the learned counsel for the respondent.

6. Post this matter on 23.03.2023.

23.02.2023 nsa A.Nos.1069 of 2023 in O.P.No.352 of 2021 and A.No.1071 of 2023 https://www.mhc.tn.gov.in/judis Page No.2/2