Sunil Goyal v. M/S.Core Indo Ispat Pvt. Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.11.2017 Coram THE HON'BLE MR.JUSTICE RAJIV SHAKDER & THE HON'BLE MR.JUSTICE N.SATHISH KUMAR O.S.A.No.297 of 2017 and C.M.P.No.18609 of 2017 Sunil Goyal ... Appellant Vs.

1.M/s.Core Indo Izpat Pvt. Ltd., Rep. By its Managing Director 315, 3rd Floor, Thambu Chetty Street George Town, Chennai - 600 001.

2.Mrs.Rukmani Goyal 3.Uttam RamNivas Goyal 4.Ashish Nevatia 5.Ram Nivas Goyal 6.Yogesh Goyal 7.Mrs.Preeti Goyal 8.M/s.Reliance Home Finance Ltd., Rep. By its Branch Manager having their Branch Office at 5, 4th Reliance Tower Haddows Road Nungambakkam Chennai - 600 034.

... Respondents Appeal filed under Order XXXVI Rule I of the O.S.Rules and Clause 15 of the Letters Patent Act, against the order dated 04.09.2017 made in A.Nos.3587 & 4753 of 2017 and O.A.Nos.324 & 325 of 2017 in C.S.No.234 of 2017.

For Appellant : Mr.S.Jayakumar

JUDGMENT

(Judgment of the Court was delivered by RAJIV SHAKDER, J)

1. After some arguments, learned counsel for the appellant says that, he does not want to press this appeal. His only plea, before us, is that, the suit may be expedited.

2. In these circumstances, we are inclined to request the learned Single Judge, to expedite the suit proceedings, and, in that behalf issue directions for completion of pleadings by the respondents/defendants.

3. The learned Single Judge may give fixed time line for filing written statement, not exceeding four (4) weeks and thereafter, place the matter before him for framing of issues. Parties could also be directed to give draft issues, that would hasten the process. Similarly, directions setting out fixed time line could be issued for filing proof affidavit (s) and for recording of evidence, either by the learned Master or by the Advocate Commissioner, in case, parties give their consent in that behalf.

4. Learned Single Judge is requested to draw up the time line in fashion, that the aforementioned exercise is completed, on or before 31.01.2018.

5. The Registry will, after giving notice to the respondents/defendants, place the matter before the learned Single Judge, for directions on 06.11.2017.

6. The appeal is disposed of in terms of the aforesaid directions. Consequently, connected pending application shall stand closed. There shall, however, be no order as to costs. Sd/- Assistant Registrar(CS-iv ) //True Copy// Sub Assistant Registrar vsm

To The Sub Assistant Registrar, Original Side, High Court, Madras.(For further action).

+ 3 ccs to Mr. S. Jayakumar, Advocate SR.77303 and 78022 O.S.A.No.297 of 2017 cs-iv EU(07/11/2017)