M/S. Tristar Accommodations Pvt.Ltd v. Vatsala Jagannathan

C.M.P. No.7320 of 2024 in Appeal (CAD) SR. No.28596 of 2024 M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR, J.) Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 01.04.2024 which reads as follows:

'Mr.Hari Krishnaa G, learned counsel on record for petitioners in captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity) is before us.

2. Prayer in the captioned CMP is innocuous but that does not absolve the learned counsel of his responsibility of making necessary averments in support of the prayer.

3. Though there is a mention about a Civil Revision Petition i.e., C.R.P. No.293 of 2023 filed in this Court and though it has been referred to as earlier C.R.P., there are no further details such as (a) which order the CRP is directed against, (b) when it was filed, (c) whether it is still pending etc.,

4. Attention of learned counsel Mr.Hari Krishnaa G was drawn to the above mentioned aspect of the matter and particularly paragraph 17 of the support affidavit.

5. Faced with the above situation, learned counsel sought time to file an amendment application and/or do any other form of course correction. Request of learned counsel acceded to.

6. List three weeks hence. List on 22.04.2024.'

2. Today, Mr.Hari Krishnaa G, learned counsel on record for the petitioners adverting to paragraph 5 of the earlier proceedings submits that an additional affidavit dated 16.04.2024 has been filed by way of course correction.

3. This Court having perused the additional affidavit, considering the facts and circumstances of the case, nature of the matter and the manner in which the parties are circumstanced and also taking into account the fact that a hard copy of the download from the official website (download of the impugned order dated 13.12.2023) has been filed, accedes to the prayer for dispense with. Though obvious we make it clear that the rights and contentions of the sole respondent are preserved and this dispense with order will

not come to the aid of the petitioners on any point that may be raised by the respondent.

4. Captioned CMP is ordered as prayed for albeit with the aforementioned observation.

(M.S.J.) (K.G.T.J.) 30.04.2024 mmi

M.SUNDAR,J., and K.GOVINDARAJAN THILAKAVADI, J., mmi C.M.P. No.7320 of 2024 in C.M.A. SR. No.28136 of 2024 30.04.2024