Mr.Prabir Roy And Another v. M/S.Allure Fashions And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 30ST DAY OF JULY 2019 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A. No.4693 of 2019 in C.S.No.237 of 2007 M/s. Allure Fashions, Rep. By its Managing Partner, Niranjan Mathur, No:A-23, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai-600 032.
..Plaintiff VS 1.Mr. Prabir Roy, No.58 D, Rajaji Nagar Main Road, Thiruvanmiyur, Chennai-600 041.
2. Paroma Shoes Pvt. Ltd., Rep. By its Managing Directors Mrs. Tinku Roy, No.30, Officers Lane, Ashoka Road, Pallavaram, Chennai-600 043.
3. M/s. Winners Overseas Rep. By its partner Mr. Balachander No.4, P.P. Amman Koil Street, Nagalkeni, Chrompet, Chennai-600 044.
..Defendants A.No.4693 of 2019:- 1.Mr. Prabir Roy, No.58 D, Rajaji Nagar Main Road, Thiruvanmiyur, Chennai-600 041.
2. Paroma Shoes Pvt. Ltd., Rep. By its Managing Directors Mrs. Tinku Roy, No.30, Officers Lane, Ashoka Road, Pallavaram, Chennai-600 043.
..Applicants/Defendants 1 and 2 -VS1.
M/s. Allure Fashions,
Rep. By its Managing Partner, Niranjan Mathur, No:A-23, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai-600 032.
..Respondent/Plaintiff
2. M/s. Winners Overseas Rep. By its Partner Mr. Balachander No.4, P.P. Amman Koil Street, Nagalkeni, Chrompet, Chennai-600 044.
..Respodents/ 3rd Defendants Application praying that this Hon'ble Court be pleased to grant leave to the applicant for filling the additinal documents mentioned below and receiver them on file. This application coming on this day before this court for hearing the court made the following order: The present application has been filed seeking to grant leave to the applicants for filing the additional documents and receiving the same on file.
1. The learned counsel appearing for respondents submitted that he has strong and serious objection to the Application being allowed. He also submitted that the additional documents viz., 3 third party affidavits, filed by the applicants were obtained under coercion and undue influence. He therefore prayed for the dismissal of the present Application. He further prayed that the first respondent/plaintiff may be permitted to cross examine the deponents of the said third party affidavits viz., 1)Revathi, 2)R.V.Subramaniyam and 3)Max Mueller respectively.
3. Considering the submission made by the respondents' counsel, the present Application is dismissed with a
liberty to the applicants to examine the third parties viz., 1)Revathi, 2)R.V.Subramaniyam and 3)Max Muller respectively and the respondents are also permitted to cross examine the same.
Sd/.K.R.J.
30.07.2019 //Certified to be a true copy// Dated this the day of 2019.
SU/08/08/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.