Tamilnadu State Marketing Corporation Ltd v. Sc Brothers Lorry Transport Service
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.04.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.M/s.Tamil Nadu State Marketing Corporation Ltd., Rep by its Power Agent/Subrogee M/s. United India Insurance Company Ltd., Divisional Office No.II, No.104A, Peramanoor Main Road, Salem - 636 007.
2.M/s.United India Insurance Company Ltd., Divisional Office No.II, No.104A, Peramanoor Main Road, Salem - 636 007.
... Petitioners (in all CMPs) vs.
M/s. S.C.Brothers Lorry Transport Service No. 184, Narasimhan Road, Shevapet, Salem - 636 002.
... Respondent (in all CMPs) COMMON PRAYER: Civil Miscellaneous Petitions are filed under Section 151 of Code of Civil Procedure, to pass an order for modification of the order dated 19.03.2024 passed in C.R.P.Nos.3727, 3728 and 3729 of 2016 to reflect the number of the suit as COS No.1656 of 2022 on the file of the Additional Commercial Court, Chennai instated of OS No.3265 of 2013 on the file of the XV Additional Judge, City Civil Court, Chennai. For Petitioners : M/s.Nageswaran Narichania 1/4
(in all CMPs) For Respondent : Mr.L.Sanjaikumar (in all CMPs) COMMON ORDER These Civil Miscellaneous Petitions have been filed seeking modification of the order dated 19.03.2024 in C.R.P.Nos.3727, 3728 and 3729 of 2016 on the ground that suit number mentioned in the order passed in the civil revision petitions shall be modified as COS No.1656 of 2022 on the file of the Additional Commercial Court, Chennai instated of OS No.3265 of 2013 on the file of the XV Additional Judge, City Civil Court, Chennai.
2. It is seen from the grounds of revision filed by the petitioners, the civil revision petitions have been preferred by the petitioners challenging the order passed in I.A.Nos.44, 46 and 45 of 2016 in O.S.No.3265 of 2013. The number mentioned by the petitioners in their memorandum of ground is reflected in the order passed by this Court.
3. Therefore, these petitions filed by the petitioners seeking 2/4
modification of the order has no merit. It is the case of the petitioners that pending above revision petition, the suit was transferred to Commercial Court and renumbered as Commercial Suit. If it is the case of the petitioners that new Commercial Suit number shall be reflected in memorandum of grounds and order passed in revision petition, it is for them to file appropriate petitions seeking amendment.
4. Accordingly, C.M.P.Nos.5760, 7288 and 5751 of 2025 are closed with liberty to the petitioners to file appropriate petition. 23.04.2025 dm To 1.The Additional Commercial Court, Chennai.
2.The XV Additional Judge, City Civil Court, Chennai.
3/4
S.SOUNTHAR, J.
dm 23.04.2025 4/4