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Madras High CourtCRP/2697/2015disposed of

Mr.S.Mohan v. M/S K.H.Exports India Pvt Ltd

2015-07-24Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2015

CORAM

THE HONOURABLE MR. JUSTICE M. DURAISWAMY C.R.P.(PD)No.2697 of 2015 S.Mohan ... Petitioner v.

M/s. K.H. Exports India Private Limited, Tannery 'A' Division, Rep. By its Vice President, Having their Registered Office at H.K. Centre, College Road, Nungambakkam, Chennai.

Factory at No.117, Mumbai-Chennai Trunk Road, Ranipet, Vellore District.

... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to dispose of the I.A.No.218 of 2015 in O.S.No.57 of 2015 on the file of Subordinate Judge, Ranipet, within a stipulated time. For Petitioner : Mr.Dr.G.Krishnamurthy

O R D E R

The defendant in O.S.No.57 of 2015 on the file of Subordinate Court, Ranipet, has filed the above Civil Revision Petition to direct the Trial Court to dispose of the application in I.A.No.218 of 2015 in O.S.No.57 of 2015, within a stipulated time.

2. The plaintiff filed the suit in O.S.No.57 of 2015 to direct the defendant to pay a sum of Rs.5,00,000/- by way of damages. The defendant filed his written statement and is contesting the suit. On the same day, the defendant also filed an application in I.A.No.218 of 2015 under Order VII, Rule 11 of CPC to reject the plaint.

3. The learned counsel appearing for the revision petitioner submitted that since the defendant is put to hardship in view of the pendency of the application, the Trial Court may be directed to dispose of the application, within a stipulated time.

4. Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer sought for in the Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the Subordinate

Court, Ranipet to dispose of the application in I.A.No.218 of 2015 in O.S.No.57 of 2015, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. With this observation, the Civil Revision Petition is disposed of. No costs.

24.07.2015 Index : No Internet : Yes Note : Issue copy of the order by 27.07.2015 Rj To The Subordinate Court, Ranipet

M. DURAISWAMY,J., Rj C.R.P.(PD)No.2697 of 2015 24.07.2015