Tass Equipments v. The Chairman And Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.No.2370 of 2025 in A.S.No.315 of 2015 Tass Equipments rep. by its Proprietor, C.Sadhasivam, Plot No.4, 20th Street, TNEB Extension, Korattur, Chennai - 600 080. ... Petitioner / Appellant Vs.

1. The Chairman & Managing Director, EID Parry India Limited, 234, Dare House, Chennai - 600 001.

2. The Deneral Manager (Works) EID Parry India Limited, Compound Fertilizer Factory Ennore, Chennai - 600 057.

... Respondents / Respondents PRAYER IN CMP.No.2370 of 2025 : This Civil Miscellaneous Petition filed under Order XLI Rule 19 R/W Section 151 of CPC, praying to restore the above appeal Suit in A.S.No.315 of 2015 which was dismissed for default on 22.03.2022.

Page No.1 of 4

For Petitioner :

Mr.T.Thangamani For Respondents :

Mr.S.Raghunathan

ORDER

This Civil Miscellaneous petition is filed by the petitioner / appellant seeking to restore the above appeal suit in A.S.No.315 of 2015 which was dismissed for non-prosecution on 22.03.2022.

2. Heard Mr.T.Thangamani, learned counsel appearing for the petitioner / appellant and Mr.S.Raghunathan, learned counsel appearing for the respondents 1 & 2.

3. This Court has already allowed CMP.No.4256 of 2023, which has been filed for condoning the delay of 296 days to file restoration petition in A.S.No.315 of 2015.

4. On being satisfied with the reasons stated in the affidavit filed in support of the petition and considering the submissions made by the learned counsel on either side, this petition stands allowed. No costs. Page No.2 of 4

5. Registry is directed to restore A.S.No.315 of 2015 and post the matter on 25.06.2025. In the meantime, Registry is directed to call for the records from the Court below.

04.06.2025 av Index : Yes / No : Yes / No Speaking Order : Yes / No ief Court of Small Causes, Page No.3 of 4

R.SAKTHIVEL, J.

av CMP.No.2370 of 2025 in A.S.No.315 of 2015 2021CMA NOS.423 AND 828 OF 2021 CMA NOS.423 AND 828 OF 2021 04 / 06 / 2025 Page No.4 of 4