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Madras High CourtA/1092/2021allowed with costs

B.Ramachandran v. T.J.George And 2 Others

2021-08-05Honourable Mr Justice N. Seshasayee7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 05TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A.No.1092 of 2021 in C.S.No.53 of 2015 T.J.George, S/o Late T.T.Geroge, No.7, Ist Floor, 41st Street, ... Plaintiff 1.Benjamin George, No.7, Ist Floor, 41st Street, Chennai 83.

... Defendant No.7, Ist Floor, 41st Street, Chennai - 83 Temporarliy Residing at 1303, South Wellington PT Road, Makenney Texas, 75070, U.S.A.

... 2nd Defendant *3.B.Ramachandran, No.4, 4th Street, Ashok Nagar, Chennai - 83.

... Defendants * 3rd defendant impleaded as per order dated 22.11.16 in Application No.4591/16 and time extended as per order dated 27/2/17 in Application No.1236/17.

A.No.1092 of 2021:- B.Ramachandran, No.4, 4th Street,6th Avenue, Ashok Nagar, Chennai - 83, Impleaded as Third Defendant Vide Order dated 22.11.16 in Application No.4591/16.

... Applicant/3rd Defendant 1.T.J.George, No.7, 1st Floor, 41st Street, ... 1st Respondent/Plaintiff 2.Benjamin George, No.7, Ground Floor, 41st Street, Chennai 600 08.

...2nd Respondent/1st Defendant No.7, 41st Street, Chenna - 600 083.

(Temporarliy Residing at 1303, South Makenney, Wellington PT Road,Texas, USA.

... 3rd Respondent/2nd Defendant Application praying that this Hon'ble Court be pleased to condone the delay of 1440 days in filing the Written Statement of D-3 in C.S.No.53 of 2015.

This Application coming on this day before this Court for hearing in the presence of Mr.T.V.Lakshmanan, Advocate for the applicant herein, and Mr.V.Jayakumar, Advocate for the 1st respondent herein, and upon reading the judges summons and the affidavit of B.Ramachandran filed herein, it is ordered as follows:

That the applicant herein be and is hereby directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs payable to the learned counsel appearing for the plaintiff/1st respondent herein.

2. That on subject to the condition as mentioned in Clause (I) Supra, the delay of 1440 days in filing the Written Statement of 3rd defendant in C.S.No.53 of 2015, be and is hereby condoned.

4. That the Application No1092 of 2021 in C.S.No.53 of 2015 be posted on 01.09.2021 'for reporting compliance. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 05th DAY OF AUGUST 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 25.08.2021 A.No.1092 of 2021 in C.S.No.53 of 2015

ORDER

DATED: 05.08.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 25.08.2021 APPROVED ON : 26.08.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 05TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A.No.1092 of 2021 in C.S.No.53 of 2015 T.J.George, S/o Late T.T.Geroge, No.7, Ist Floor, 41st Street, ... Plaintiff 1.Benjamin George, No.7, Ist Floor, 41st Street, Chennai 83.

... Defendant No.7, Ist Floor, 41st Street, Chennai - 83 Temporarliy Residing at 1303, South Wellington PT Road, Makenney Texas, 75070, U.S.A.

... 2nd Defendant *3.B.Ramachandran, No.4, 4th Street, Ashok Nagar, Chennai - 83.

... Defendants * 3rd defendant impleaded as per order dated 22.11.16 in Application No.4591/16 and time extended as per order dated 27/2/17 in Application No.1236/17.

A.No.1092 of 2021:- B.Ramachandran, No.4, 4th Street,6th Avenue, Ashok Nagar, Chennai - 83, Impleaded as Third Defendant Vide Order dated 22.11.16 in Application No.4591/16.

... Applicant/3rd Defendant 1.T.J.George, No.7, 1st Floor, 41st Street, ... 1st Respondent/Plaintiff 2.Benjamin George, No.7, Ground Floor, 41st Street, Chennai 600 08.

...2nd Respondent/1st Defendant No.7, 41st Street, Chenna - 600 083.

(Temporarliy Residing at 1303, South Makenney, Wellington PT Road,Texas, USA.

... 3rd Respondent/2nd Defendant Application praying that this Hon'ble Court be pleased to condone the delay of 1440 days in filing the Written Statement of D-3 in C.S.No.53 of 2015.

This Application coming on this day before this Court for hearing, the Court made the following order:

This application is filed by the applicant/3rd defendant to condone the delay of 1440 days in filing the written statement of D3 in the above suit.

2. Heard the learned counsel on both sides. This Court perused the affidavit filed in support of this application and having satisfied with the reasons stated therein, this application is allowed and the delay is condoned, on condition that the applicant is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the learned counsel appearing for the plaintiff/1st respondent.

3. Post the matter for reporting compliance on 01.09.2021. Sd./-N.S.S.J.

05.08.2021 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.