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Madras High CourtA/1726/2021allowed

Mr. Sudhir Chaudhary v. Mahendra Singh Dhoni And 3 Others

2021-08-24Honourable Mr Justice N. Seshasayee10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 24TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A.No.1726 of 2021 in C.S.No.185 of 2014 Mahendra Singh Dhoni, Shaurya, H-10A, Harmu Housing Colony, Besides SBI Harmu, Ranchi, Jharkhand - 834012.

... Applicant/Plaintiff -Versus1.Zee Media Corporation Limited, (Zee News Channel), Essel Studio, FC-19, Sector 16-A, Noida - 201301, 2.Mr.Sudhir chaudhary, Editor and Business Head of Zee News Channel, Zee Media Corporation Limited, Essel Studio, FC-19, Sector 16-A, Noida - 201301,

3.Mr.G.Sampath Kumar, IPS, C/o The Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4.News Nation Network Pvt.Ltd.

(News Nation Channel) Plot No.14, Sector 126, Noida, Uttar Pradesh 201 301.

... Defendants A.No.1726 of 2021:- Mr.Sudhir chaudhary, Editor and Business Head of Zee News Channel, Zee Media Corporation Limited, Essel Studio, FC-19, Sector 16-A, Noida - 201301, ... Applicant/2nd Defendant -VersusMahendra Singh Dhoni, Shaurya, H-10A, Harmu Housing Colony, Besides SBI Harmu, Ranchi, Jharkhand - 834012.

... Respondent/ Plaintiff 2.Zee Media Corporation Limited, (Zee News Channel), Essel Studio, FC-19, Sector 16-A, Noida - 201301,

3.Mr.G.Sampath Kumar, IPS, C/o The Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4.News Nation Network Pvt.Ltd.

(News Nation Channel) Plot No.14, Sector 126, Noida, Uttar Pradesh 201 301.

... Respondents/Defendants Application praying that this Hon'ble Court be pleased to set aside the ex-parte order dated 08.03.2021 passed against the 2nd Defendant in the above C.S.No.185 of 2014.

This Application coming on this day before this Court for hearing in the presence of Mr.Visva for M/s Muizz Ali, Advocate for the applicant herein, and Mr.C.Seethapathy, Advocate for the 1st respondent herein, and Mr.M. Vijayan for M/s King & Partridge for Advocate for the 2nd respondent herein, and upon reading the judges summons and the affidavit of Sudhir Chaudhary filed herein, the court made the following order:

This application is filed to set aside the exparte order dated 08.03.2021 passed against the 2nd defendant in C.S.No.185 of 2014 for not filing the written statement.

2. The learned counsel for the 2nd defendant informs the Court that the written statement indeed had been filed but the same was not returned by the Registry and it is lost. The Registry has given a note that the 2nd defendant had filed the written statement on 11.08.2014, that it came to be returned on 05.09.2014 and the same was not re-presented till date.

3. The learned counsel for the 2nd defendant would now submit that the said written statement was not physically available in the Registry for it to return to him and the learned counsel for the plaintiff makes a statement that the copy of the written statement has already been circulated to him.

4. This Court does not want to lose time on the same and the Registry is now directed to take steps to re-construct the said written statement.

5. Accordingly, this application is allowed.

6. The Registrar Judicial is required to expedite the process of having the written statement of the 2nd defendant re-constructed. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24th DAY OF AUGUST 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 24.08.2021 A.No.1726 of 2021 in C.S.No.185 of 2014

ORDER

DATED: 24.08.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 24.08.2021 APPROVED ON : 24.08.2021 Copy to:- 1.The Registrar Judicial, High Court, Madras.

2.The Sub Assistant Registrar, (O.S), High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 24TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE A.No.1726 of 2021 in C.S.No.185 of 2014 Mahendra Singh Dhoni, Shaurya, H-10A, Harmu Housing Colony, Besides SBI Harmu, Ranchi, Jharkhand - 834012.

... Applicant/Plaintiff -Versus1.Zee Media Corporation Limited, (Zee News Channel), Essel Studio, FC-19, Sector 16-A, Noida - 201301, 2.Mr.Sudhir chaudhary, Editor and Business Head of Zee News Channel, Zee Media Corporation Limited, Essel Studio, FC-19, Sector 16-A, Noida - 201301,

3.Mr.G.Sampath Kumar, IPS, C/o The Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4.News Nation Network Pvt.Ltd.

(News Nation Channel) Plot No.14, Sector 126, Noida, Uttar Pradesh 201 301.

... Defendants A.No.1726 of 2021:- Mr.Sudhir chaudhary, Editor and Business Head of Zee News Channel, Zee Media Corporation Limited, Essel Studio, FC-19, Sector 16-A, Noida - 201301, ... Applicant/2nd Defendant -VersusMahendra Singh Dhoni, Shaurya, H-10A, Harmu Housing Colony, Besides SBI Harmu, Ranchi, Jharkhand - 834012.

... Respondent/ Plaintiff 2.Zee Media Corporation Limited, (Zee News Channel), Essel Studio, FC-19, Sector 16-A, Noida - 201301,

3.Mr.G.Sampath Kumar, IPS, C/o The Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

4.News Nation Network Pvt.Ltd.

(News Nation Channel) Plot No.14, Sector 126, Noida, Uttar Pradesh 201 301.

... Respondents/Defendants Application praying that this Hon'ble Court be pleased to set aside the ex-parte order dated 08.03.2021 passed against the 2nd Defendant in the above C.S.No.185 of 2014.

This Application coming on this day before this court for hearing the court made the following order:- This application is filed to set aside the exparte order dated 08.03.2021 passed against the 2nd defendant in C.S.No.185 of 2014 for not filing the written statement.

2. The learned counsel for the 2nd defendant informs the Court that the written statement indeed had been filed but the same was not returned by the Registry and it is lost. The Registry has given a note that the 2nd

defendant had filed the written statement on 11.08.2014, that it came to be returned on 05.09.2014 and the same was not re-presented till date.

3. The learned counsel for the 2nd defendant would now submit that the said written statement was not physically available in the Registry for it to return to him and the learned counsel for the plaintiff makes a statement that the copy of the written statement has already been circulated to him.

4. This Court does not want to lose time on the same and the Registry is now directed to take steps to re-construct the said written statement.

5. Accordingly, this application is allowed.

6. The Registrar Judicial is required to expedite the process of having the written statement of the 2nd defendant re-constructed. Sd./-N.S.S.J.

24.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.