The Secretary To Government v. M/S. Modern Laboratories

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. The Secretary to Government Health and Family Welfare Department Government of Tamil Nadu Secretariat, Chennai - 600 009.

2. The Managing Director Tamil Nadu Medical Services Corporation Ltd.

No.417, Pantheon Road Egmore, Chennai - 600 008.

..

Appellants Vs.

Modern Laboratories Rep. by V.Thyagarajan General Manager, 45-47, Sector D-2 Sanwer Road, Indur - 452 015 Madhya Pradesh.

..

Respondent Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 19.02.2024 in W.P.No.32882 of 2023.

For the Appellants : Mr.R.Raman Lal Additional Advocate General assisted by Mr.P.Harish Government Advocate For the Respondent : Mr.Suresh

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.R.Raman Lal, learned Additional Advocate General, assisted by Mr.P.Harish, learned Government Advocate for the appellants and Mr.Suresh, learned counsel for the respondent.

2. The present appeal is filed against the imposition of costs.

3. It is submitted by the learned Additional Advocate General that the matter is of the year 2023 only. The first appellant/first respondent therein is a formal party, however, cost is also imposed upon the first appellant.

4. From the order, it appears that, last chance was granted for filing counter and still after giving last chance, counter was not filed

and the court imposed costs as adjournment was sought to file counter.

5. The court observed as under:

"3. A last chance has been given for filing counters by today, despite which, no counters have been filed thus far. Thus, respondents are put to terms and costs of Rs.10,000/- per counter is payable to Blue Cross, Eldams Road, Chennai. Counters will be received prior to the next date of hearing, with a copy served in advance upon the order side with proof or remittance of cost as aforesaid."

6. It is for filing counter, cost has been imposed. It is for the appellants to file counter or not. In view of that, since no counter was filed even after giving last chance, the appellants were put to terms, as such, we are not inclined to exercise our discretion over and above the discretion already exercised by the learned Single

Judge. As on merits, we are not inclined to grant relief, we have not gone into the maintainability of the appeal.

7. The writ appeal, accordingly, stands disposed of. There shall be no order as to costs. Consequently, C.M.P.No.5752 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index : Yes/No drm

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 12.03.2024