M/S.Vectone India Mobile Services Private Limited v. Mr.P.S.Mohan And 4 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 12TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.No.1623 of 2022 in C.S.No.93 of 2021 C.S.No.93 of 2021:- 1.Mr.P.S.Mohan, S/o.Late.P.N.Shanmugham, G-61, 12th Street, Anna Nagar, Chennai - 600 102.
2.Mr.P.S.Saravanan, S/o.Late.P.N.Shanmugham, G-61, 12th Street, Anna Nagar, Chennai - 600 102.
3.Mr.N.Muthukrishnan, 4.Ms.Uma Natarajan, D/o.Late Mr.M.Natarajan, 5.Mr.N.Balamuthukumaran, ...Plaintiffs Vs.
M/s.Vectone India Mobile Services Private Limited, Having its registered office at "Sai Sadan" TS.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai - 600 032.
Rep by its Managing Director.
...Defendant A.No.1623 of 2022:- M/s.Vectone India Mobile Services Private Limited, "Sai Sadan" TS.No.125 (North Phase) SIDCO Thiru.Vi.Ka.Industrial Estate, Ekkaduthangal, Chennai - 600 032.
Represented by its Authorised Signatory Mr.Radhakrishnan Nair ...Applicant Vs.
1.Mr.P.S.Mohan, S/o.Late.P.N.Shanmugham, G-61, 12th Street, Anna Nagar, Chennai - 600 102.
2.Mr.P.S.Saravanan, S/o.Late.P.N.Shanmugham, G-61, 12th Street, Anna Nagar, Chennai - 600 102.
3.Mr.N.Muthukrishnan, 4.Ms.Uma Natarajan, D/o.Late Mr.M.Natarajan,
5.Mr.N.Balamuthukumaran,
...Respondents
Application Praying that this Hon'ble Court be pleased to recast the issues framed by this Hon'ble court vide its order dated 04.03.2022 passed in the captioned suit to include the following issues: 1.Whether the reliefs sought by the Plaintiff on the basis of an unregistered and insufficiently stamped Lease Deed dated July 12, 2018 is maintainable.
2.Whether the lock-in period stipulation in the Lease Deed dated July 12, 2018 relied upon by the Plaintiff, is enforceable as per law. This Application coming on this day before this Court for hearing, the Court made the following order:- This application has been filed by the applicant/defendant to recast the issues framed by this Court in the above suit on 04.03.2022.
2. The applicant has raised the question about the admissibility and maintainability of the documents. This Court has already framed specific issues and opportunity will be given to raise all the points regrading admissibility, maintainability and validity of the documents. The admissibility and maintainability of the documents can be decided at the
time of marking the documents, but, not by way of re-casting the issues. Therefore, this Court finds that, already issues are framed and there is no necessity to recast the issues as prayed for by the applicant. All the existing issues will resolve the dispute between the parties, therefore, issues need not to be re-casted.
3. In view of the above, this application is dismissed.
4. Registry is directed to place the matter before the learned Master for recording evidence.
Sd./-PVJ 12.04.2022 //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. EVK 21/04/2022.