Canadian Crystaline Water India Limited v. Craze(India) Private Limited

in Appeal (CAD).SR.No.34228 of 2024 (Filing Number) 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 02.04.2024. 2.Today, Mr.Ram Kumar Natarajan, learned counsel on record for petitioner / appellant and Mr.V.Vijayashankara, learned counsel for Respondents 1 and 2 are before this Court.

3. Learned counsel for petitioner / appellant draws our attention to paragraphs No.4 and 5 of the support affidavit which read as follows: '4. I submit that the Learned Trial Judge was pleased to reserve orders in the subject suit on 28.11.2023. Subsequently, the Petitioner applied for copy of said Judgment and Decree on 31.11.2023. I further submit that the said original copies were made ready on 21.12.2023 and the Petitioner had collected the same from the registry of the Hon'ble Trial Court on 03.01.2024.

5. I respectfully submit that subsequent to the receipt of the copy of the order, the said judgment and decree dated 28.11.2023 was discussed in detail with the Directors of the Petitioner company and it was decided to file an Appeal before this Hon'ble Court against the Judgment and Decree dated 28.11.2023. I had shared the Page Nos.1/3

original copy of the order and other documents pertaining to the subject suit to my counsel's Clerk, Mr.R.Vijay, who had received the Page Nos.2/3

M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., same, has discontinued his services with the Counsel and also the counsel office was shifted from No.49/5, Kalyani Flats, Kanndasan Salai, T.Nagar, hennai - 600 017 to Office II-D, 3rd Floor, Regency House No.341/250, Anna Salai, Teynampet, Chennai- 600 009. These aspects have caused the suit papers got mixed up with certain other papers which are unsegregatable, as a result of which the required papers have not been submitted to this Hon'ble Court.' 3.Considering the facts and circumstances of the case, the manner in which the parties are circumstanced and the trajectory the matter has taken, we deem it appropriate to accede to the CoD prayer.

4. Captioned CMP is ordered as prayed for. Delay condoned. [M.S., J] [K.G.T., J] 30.04.2024 gpa in Appeal (CAD).SR.No.34228 of 2024 (Filing Number) Page Nos.3/3