← Library
Madras High CourtOSA(CAD)/33/2023dismissed

Prakash Raj v. M/S.Prasad Productions Pvt Ltd

2023-11-16Honourable Mr Justice D. Krishnakumar,Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2023

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.DHANABAL and CMP.No.8020 of 2023 Prakash Raj, Proprietor, Carrying on business under the name and style of M/s.Prakash Raj Productions, At No.21/9, Balaraman Road, Adyar, Chennai 600 020.

and also at Tulliove Apartments, Door No.610, 16/1, Arunachalam Road, Saligramam, Chennai 600 093.

...appellant in both appeals vs.

M/s.Prasad Productions Pvt. Ltd., Represented by Authorised Signatory, No.28, Arunachalam Road, Saligramam, Chennai 600 093.

...respondent in both appeals Common Prayer: Original Side Appeals filed under Order 36 Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent, 1865 under Section 19 (1) of the Commercial Courts Act against the judgment Page No.1/4

and decree passed by the learned Single Judge of this Court in Appl.Nos.6928 and 6929 of 2017 in CS.No.347 of 2017, dated 08.11.2019. For Appellant : Mr.AR.L.Sundaresan, Senior Counsel for Mr.AChidambaram For Respondent : Mr.Vijay Narayan, Senior Counsel for Mr.S.Raghunathan C O M M O N J U D G M E N T [Judgment of the Court was delivered by D.KRISHNAKUMAR, J] After elaborate arguments, Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the appellant seeks permission of this Court to approach the learned Single Judge for filing necessary application invoking Order 37 Rule 4 of CPC.

2. In reply, Mr.Vijay Narayan, learned Senior Counsel appearing for the respondent seeks permission to raise their objections before the learned Single Judge.

3. In view of the above submissions, this Court, without going into the merits or maintainability of the appeals, dismiss the appeals, with liberty Page No.2/4

to the appellant to seek remedy before the learned Single Judge and also to the respondent to raise their objections. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J] [P.D.B., J] 16.11.2023 Index : Yes / No Speaking order: Yes/No pvs Page No.3/4

D.KRISHNAKUMAR , J.

and P.DHANABAL, J.

pvs 16.11.2023 Page No.4/4