Madras High CourtCRP/2813/2017disposed of

M/S. Criss Cross v. D.N. Saravanan

2017-08-10Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2017 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) NO.2813 OF 2017 M/s.Criss Cross Logistics Pvt. Ltd., a company registered under the Companies act 1956 and having its office at No.703, B Block, Shivalaya Building, Ethiraj Saai, Egmore, Chennai - 600 008.

Rep. by its Authorized Signatory Mr.Sivanesan Paliah ... Petitioner Vs.

1.D.N.Saravanan 2.M/s.S.K.Integrated Logistics Rep. by its Proprietor S.Karthick Having its office at 7/8, 5th Cross, Vidyanagar, Off SKF, Bommasandra, Bangalore - 560 099.

3.Tata Power Company Ltd., Having its office at 42-43, Electronics City, Hosur Road, Bengaluru, Karnataka - 560 100.

... Respondents PRAYER:

Civil Revision Petition filed under Article 227 of the Constitution of India against the docket order dated 18.07.2017 in

I.A.No.7510 of 2017 in O.S.No.3070 of 2017 on the file of the I Assistant Judge, City Civil Court, Chennai and consequently declare that the service of notice on the 1st to the 3rd respondents in I.A.No.7510 of 2017 in O.S.No.3070 of 2017 is complete.

For Petitioner :

Mr.K.F.Manavalan

O R D E R

This Civil Revision Petition is filed against the docket order dated 18.07.2017 for not accepting the service for not mentioning the I.A.No.7510 of 2017 in the acknowledgement card as well as on the returned cover.

2. The petitioner has taken notice to all the three respondents. In so far as the respondents 1 and 3 are concerned, the acknowledgement card was received. First respondent filed vakalat. In so far as the third respondent is concerned, the Trial Court has refused to accept the acknowledgement card for not mentioning I.A. number on the cover and the acknowledgement card. Non mentioning of the number over the cover and acknowledgement card will not render the service on the third respondent defective.

3. The matter is remitted back to the Trial Court to consider the service on the third respondent afresh and pass a consequential order. In so far as the second respondent is concerned, it is open to the petitioner to take up the issue of proof of service before the Trial Court.

4. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

10.08.2017 Index : Yes/No Internet : Yes/No NL/KAS/TK To The I Assistant Judge City Civil Court Chennai.

M.GOVINDARAJ, J.

NL/KAS/TK C.R.P.(PD) NO.2813 OF 2017 10.08.2017