Jai Balaji Indistries Ltd., v. M/S.R.K.M.Powergen Private

C.M.P.No.9414 of 2022 in O.S.A.No.74 of 2022 C.M.P.No.9414 of 2022 in O.S.A.No.74 of 2022 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., [Order of this Court was made by M.SUNDAR,J] Captioned 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity] was taken up at the time of mentioning with the consent of both sides i.e., Mr.Adithya Reddy for petitioner and Mr.S.Ramachandran for respondent.

2. To be noted, main 'Original Side Appeal' ['OSA' for the sake of brevity] stands adjourned to a date after summer recess at the request of both learned counsel.

3. Be that as it may, this Bench is informed that main OSA is directed against a decree in a suit and that the suit is a money suit.

4. Main OSA has been filed in this Court on 10.03.2022 and captioned CMP has been filed along with the same. Captioned CMP has been pending in this Court without any interim order. https://www.mhc.tn.gov.in/judis 1/2

C.M.P.No.9414 of 2022 in O.S.A.No.74 of 2022 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa

5. In the light of the narrative thus far, considering that we intend to take up main OSA after summer vacation, captioned CMP is disposed of as closed. Though obvious it is made clear that we have not expressed any view or opinion on the merits of the matter and it is also made clear that the appellant can resuscitate the prayer if there is an execution petition or any other reason necessitating a resuscitation.

6. Captioned CMP disposed of as closed albeit with preservation of rights in aforementioned manner. There shall be no order as to costs. [M.S.,J.] [K.G.T.,J.] 17.04.2024 (2/2) gpa C.M.P.No.9414 of 2022 in O.S.A.No.74 of 2022 https://www.mhc.tn.gov.in/judis 2/2