Vijay Bhagwandas Fatechand Daswani v. Kumaresh Narendra(Minor)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T.ASHA CRP(PD).Nos.976 and 977 of 2019 and C.M.P.No.6459 of 2019

1. Vijay Bhagwandas Fatechand Daswani

2. Gita

3. Chantrakant Bhagwandas Fatech and Daswani .. Petitioners in both CRP's Vs

1. Kumaresh Narendra (Minor)

2. Roymonds Retail Shopis

3. State Bank of Travancore Rep by its Manager and Principal Officer Mount Road Branch, Chennai.

4. Aegon Religare Life Insurance Company Ltd., No.162, Anna Salai, Chennai-600 002.

5. Bharti Axa Investment Managers (Pvt) Ltd., No.162, Anna Salai, Chennai-600 002.

.. Respondents in both CRP's COMMON PRAYER: Civil Revision Petitions filed under Section 115 of Civil Procedure Code against the orders dated 08.11.2018 passed in I.A.No.8837 of 2016 and I.A.No.9174 of 2018 respectively in O.S.No.8424 of 2010 on the file of II Additional City Civil Judge, Chennai.

For Petitioners in both CRP's : Mr.T.S.Baskaran For Respondents in both CRP's : Mr.Mohammed Fayaz Ali C O M M O N O R D E R The above Civil Revision Petitions are filed challenging the orders passed in I.A.No.8837 of 2016 and I.A.No.9174 of 2018 respectively, in O.S.No.8424 of 2010 on the file of II Additional City Civil Judge, Chennai.

2. A reading of the said orders passed by the lower court does not indicate the reasons which has prompted her to pass the said orders. In other words, it is a non-speaking order.

3. Considering the above, this Court deems it fit, to remit back the I.A.No.8837 of 2016 and I.A.No.9174 of 2018 in O.S.No.8424 of 2010 to the II Additional City Civil Judge, Chennai for fresh consideration. This Court is inclined to give a direction to the learned Judge to pass a reasoned order in the said I.A.Nos. within a period of three weeks from the date of receipt of a copy of this order.

4. With these directions, these Civil Revision Petitions stand allowed. No costs. Consequently, the connected miscellaneous petition is also closed.

14.03.2019 vji / mbi Index: Yes / No Speaking / Non speaking order To The II Additional City Civil Judge, Chennai.

P.T.ASHA,J.

vji / mbi CRP(PD).Nos.976 and 977 of 2019 and C.M.P.No.6459 of 2019 14.03.2019