V.K.R.Venkatesan v. M.Selvanambi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.Nos.5944, 5952 & 5954 of 2023 in Mr.V.K.R.Venkatesan trading as V.K.R.Prakash Modern Rice Mill 34/8, Kalleripatu Colony Road Arni Taluk Thiruvannamalai District 632 317 represented by his power agent Mr.R.Yuvaraj residing at No.40, Flat No.4 Madhuram Apartments, 1st Main Road New Colony, Chrompet Chennai-600 044.
... Appellant in all OSAs Vs.
M.Selvanambi trading as Sri Venkateswara Modern Rice Mills Irumbedu, Arani-632 317.
... Respondent in all OSAs Page Nos.1/11
OSA(CAD)No.24 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.816 of 2022 in C.S(Comm.Div.)No.249 of 2022.
OSA(CAD)No.25 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.815 of 2022 in C.S(Comm.Div.)No.249 of 2022.
OSA(CAD)No.26 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.814 of 2022 in C.S(Comm.Div.)No.249 of 2022.
For Appellant in all OSAs :
Mr.A.Swaminathan For Respondent in all OSAs :
Mr.T.D.Selvan Babu Page Nos.2/11
C O M M O N J U D G M E N T [Judgment of the Court was made by M.SUNDAR, J.,] Matter mentioned at half past ten.
2. Mr.A.Swaminathan, learned counsel on record for appellant in all the three captioned 'Original Side Appeals' [hereinafter 'OSAs' for the sake of convenience and clarity] and petitioner in captioned 'Civil Miscellaneous Petitions' [hereinafter 'CMPs' for the sake of convenience and clarity] and Mr.T.D.Selvan Babu, learned counsel for sole respondent in all the three captioned OSAs and captioned CMPs are before us.
3. Aforementioned learned counsel on both sides submit in unison in one voice that the captioned OSAs arise out of interim orders in interlocutory applications in C.S(Comm.Div.)No.249 of 2022 but now, C.S(Comm.Div.)No.249 of 2022 itself has since been withdrawn on 16.04.2024 and therefore, the captioned OSAs and captioned CMPs have become infructuous.
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4. Both learned counsel have placed before us a copy of aforementioned 16.04.2024 order, wherein and whereby, the suit itself has been withdrawn and a copy of the order is as follows: Page Nos.4/11
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5. Learned counsel for appellant in captioned OSAs and petitioner in captioned CMPs has made endorsements in the case file and scanned reproduction of the same are as follows:
Endorsement in O.S.A(CAD)No.24 of 2023:
Endorsement in O.S.A(CAD)No.25 of 2023:
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Endorsement in O.S.A(CAD)No.26 of 2023:
6. To be noted, as regards learned counsel for appellant Mr.A.Swaminathan (Enrol.No.1721/06) with address for service at No.351, New Additional Law Chambers, High Court, Chennai-600 104 submits that he has filed change of vakalatnma in place of Mr.Arun C.Mohan and his cocounsel yesterday (05.06.2024). This submission is recorded.
7. In any event, aforementioned 16.04.2024 order of Commercial Division makes it clear that the main suit itself has been withdrawn and therefore, the captioned OSAs arising out of interim orders thereat have obviously become infructuous.
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8. Adverting to the proceedings made yesterday (05.06.2024) Mr.A.Swaminathan, learned counsel for appellant and Mr.T.D.Selvan Babu, learned counsel for respondent express regret for missing the matter yesterday.
9. In the light of the narrative thus far, captioned OSAs and captioned CMPs are disposed of as closed / withdrawn having become infructuous. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 06.06.2024 Index : Yes / No Speaking / Non-speaking mk To The Sub-Assistant Registrar Original Side High Court, Madras.
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M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 06.06.2024 Page Nos.11/11