Tamilnadu Civil Supplies Corporation v. M/S.A1 Champandy Industries Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Wednesday, the Twenty Ninth day of September Two Thousand Twenty One PRESENT HON`BLE MR.JUSTICE SANJIB BANERJEE, THE CHIEF JUSTICE AND THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU CMP.No.13918 of 2021 in OSA SR No.41188 of 2021 TAMILNADU CIVIL SUPPLIES CORPORATION, [ PETITIONER ] REP BY ITS MANAGING DIECTOR, NO.12, THAMBU SAMY ROAD, KILPAUK, CHENNAI 600 010 Vs 1 M/S.A1 CHAMPANDY INDUSTRIES LTD, [ RESPONDENTS ] NO.25 PRINCEP STREET, KOLKATTA 700 072 2 T.VIJAYALAKSHMI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 328 days in filing of the OSA.SR.No.41188 of 2021 before this Hon'ble Court in CMP.No.13918 of 2021.
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.RAGHURAMAN, Advocate for the petitioner and of MR.B.GIRIDHARAN RAO, Advocate for the 1st Respondent, 2nd respondent not appearing either in person or by an Advocate, the court made the following order:- This is an application under Section 5 of the Limitation Act seeking to condone the delay of 328 days in filing the Original Side Appeal under Section 13(1) of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996. https://hcservices.ecourts.gov.
2. Having regard to the reasons stated in the affidavit filed in support of the application, the delay is condoned and the application stands allowed, subject to the condition that a sum of Rs.5,000/- should be paid as costs to the first respondent within a period of one week from today.
3. The Registry is directed to number the appeal, if otherwise in order and subject to complying with the aforesaid condition. -sd/- 29/09/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO THE SUB ASSISTANT REGISTRAR, ORIGINAL SIDE, HIGH COURT, MADRAS 104.
THE ASSISTANT REGISTRAR, MAIN AE SECTION, HIGH COURT, MADRAS 104.
Order in CMP.No.13918 of 2021 in OSA SR No.41188 of 2021 Date :29/09/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 01/10/2021 https://hcservices.ecourts.gov.in/hcservices/