← Library
Madras High CourtOSA/266/2018dismissed

M/S.Ponmalligai Hospital v. Dr.T.G.Palanivelu

2018-07-30Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH O.S.A.No.266 of 2018 and C.M.P.No.12444 of 2018 M/s.Ponmalligai Hospital rep. by its Director Usha Maruthu ..

Appellant Vs Dr.T.G.Palanivelu ..

Respondent Appeal preferred under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of Letters Patent against the fair and decretal order dated 09.04.2018 in A.No.2193 of 2018 in C.S.No.573 of 2016. For Appellant ..

Mr.K.Azhagu Raman For Respondent ..

Mr.T.G.Balachandran

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal is directed against the order dated 09.04.2018 in A.No.2193 of 2018 in C.S.No.573 of 2016.

2.Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent. 3.After making submissions, learned counsel appearing for the appellant would submit that the leave to defend application has to be disposed of on its own merits, which is pending before the Master. There is no difficulty in acceding to the above said request. Accordingly, while dismissing the appeal, we hereby clarify that the leave to defend application has to be decided on its own merits. This observation is made only for the reason that the dismissal of the application which is impugned in this appeal was also predicated on the ground of protracting the https://hcservices.ecourts.gov.in/hcservices/

proceedings. Therefore, while deciding the leave to defend application, the learned Master shall not dismiss it on this ground.

4.With the above observation, the original side appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.K.Azhaguraman, Advocate Sr.51761 +1cc to Mr.T.G.Balachandran, Advocate Sr.51481 O.S.A.No.266 of 2018 kgk[co] srg 16/08/2018 https://hcservices.ecourts.gov.in/hcservices/