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Madras High CourtCRP/1599/2015withdrawn dismissed

Subhiksha Trading Services Ltd v. Sunil G. Acharya

2015-04-21Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(NPD).No.1599 of 2015 and M.P.No.1 of 2015 Subhiksha Trading Services Ltd., "Raja Mahendra House", New No.7, Old No.4, T.T.K. Road, Royapettah, Chennai - 600 014.

... Petitioner Vs.

1.Sunil G.Acharya 2.M/s.Subhiksha Advisory Services Pvt. Ltd., 12, Thanikachalam Road, T.Nagar, Chennai - 600 017.

... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 16.03.2015 passed in E.A.No.102 of 2013 in E.P.No.360 of 2013 in R.C.O.P.No.1436 of 2008 by the learned XIV (i/c) XII Judge, Small Causes Court, Chennai.

For Petitioner : Mr.V.Lakshmi Narayanan for Mr.D.Prabu

O R D E R

Mr.D.Prabu, the learned counsel appearing for the petitioner sought the permission of this Court to withdraw the Civil Revision Petition and also made an endorsement to that effect. Further, the learned counsel sought the permission of this Court to file an appeal before appropriate Court challenging the impugned order.

2.The learned counsel for the petitioner submitted that the certified copy of the order passed in E.A.No.102 of 2013 was made ready on 27.03.2015 and the petitioner has filed the Revision on 10.04.2015 and therefore, the petitioner has approached the Court within the period of limitation as prescribed under the Act. The learned counsel submitted that the Appellate Court shall not insist on the question of limitation for the reason that the Civil Revision Petition is pending before this Court from 10.04.2015 till today.

3.The Appellate Court shall take into consideration the submissions made by the learned counsel for the petitioner and decide the same.

4.In view of the endorsement made, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petition is closed.

Index : No 21.04.2015 Internet : Yes va Note:

1.The Registry is directed to return the fair and final order passed in E.A.No.102 of 2013 in E.P.No.360 of 2013 before 04.00 p.m. today.

2.Issue copy of the order also before 04.00 p.m. today.

To The XIV (i/c) XII Judge, Small Causes Court, Chennai.

M.DURAISWAMY,J.

va C.R.P.(NPD).No.1599 of 2015 and M.P.No.1 of 2015 21.04.2015