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Madras High CourtA/991/2026allowed

Buvana Saravanan v. T N K Govindaraju Chetty And Co Private Limited

2026-03-25Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2026

CORAM:

THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.991 of 2026 in C.S(Comm.Div)No.129 of 2024 Ms.Buvana Saravanan Aishwarya Apartment, B-18/3, 23rd cross street, Besant nagar, Chennai-600 090.

... Applicant/1st Defendant vs.

1.T N K Govindaraju Chetty & Co Private Limited, Represented by its Executive Director, Mr.P.Natarajan, Registered Office at T N K House, 48, Anna Salai, Chennai 600 002, Tamilnadu.

.. 1st Respondent/Plaintiff 2.Ms.Shanti Saravanan Aishwarya Apartment, B-18/3, 23rd cross street, Besant nagar, Chennai-600 090.

.. 2nd Respondent/2nd Defendant

3. Sudhakar Cine Arts Through its Proprietor, Mr.Sudhakar No.53, T.K.Street, Coimbatore-641 001.

.. 3rd Respondent/3rd Defendant Prayer: Application is filed under Order XIV Rule 8 of the Original Side Rules Read With Section 5 of the Limitation Act, to condone the delay of 162 days in filing petition to set aside the ex parte decree dated 1/4

30.06.2025 in C.S.(Comm.Div)No.129 of 2024 passed against the first defendant by this Court.

For Applicant : Ms. B.Parthika Devi for Ms.V.Ambika For Respondent : Ms. Reshma Rajagopal for Mr.M.S.Bharath

O R D E R

The first defendant has applied to condone the delay in filing the application to set aside ex parte decree dated 30.06.2025. In the affidavit in support of this application, it is stated that the applicant became aware of the decree on 25.08.2025 and that all relevant papers could be obtained only on 02.11.2025.

2. Learned counsel for the plaintiff submits that reasons mentioned in the affidavit as an explanation for not appearing in the matter are untenable and that the first defendant participated in interlocutory proceedings. She also submits that a counter affidavit would be filed in the application to set aside the decree because the plaintiff has strong objections to the same.

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3. Considering the reasons set out in the affidavit and being satisfied that sufficient cause is shown to condone the delay, the application to condone the delay is allowed. The Registry is directed to number and list the application to set aside the ex parte decree, if otherwise in order.

25.03.2026 kj (1/2) 3/4

SENTHILKUMAR RAMAMOORTHY,J.

Kj A.No.991 of 2026 in C.S(Comm.Div)No.129 of 2024 25.03.2026 4/4