Punjab National Bank v. P. Suranarayana
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 24TH DAY OF JANUARY 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.No.4 of 2017 in C.S.No.192 of 2010 C.S.No.192 of 2010 P.Suryanarayana No 21,Rukmanidevi Colony, Phase-II, Wellington Enclave, West Maredpally, Secunderabed-500 026 Rep. By Power of Attorney R.Girija Shankar ...Plaintiff Vs 1.Punjab National Bank Triplicane Branch, No.50,Sigarachari Street, Chennai-600 005 Rep. By its Branch Manager 2.Sunnex Commercial Pvt Ltd 36,Neeliveera Street Chennai 600 005.
3.P.Sudharshan E-42,Manish Complex, 10 Convent Road, Richmond Towers, Bangalore-560 025.
4.P.Sundareshwar, B-26,Appaswamy Tower, 17,Thyagaraya Road, T.Nagar, Chennai-600 017.
5.P.Sugunasekhar No.502,"Gauthami Emerald"
Gauthami Enclave, Botanical garden's lane, Kondapur,Hyderabad-500 084.
6.M.Kanakadurga No.153,Sterling Court Sappers Lines,Balamari, Secunderabad-500 003.
...defendants A.No.4 of 2017 Punjab National Bank Triplicane Branch, No.50,Sigarachari Street, Chennai-600 005 Know Asset Recovery Management Branch ..Applicant/1 st Respondent Vs
1.P.Suryanarayana No 21,Rukmanidevi Colony, Phase-II, Wellington Enclave, West Maredpally, Secunderabed-500 026 Rep. By Power of Attorney R.Girija Shankar ..1 st Respondent/Plaintiff 2.Sunnex Commercial Pvt Ltd 36,Neeliveera Street Chennai 600 005.
3.P.Sudharshan E-42,Manish Compled, 10 Convent Road, Richmond Towers, Bangalore-560 025.
4.P.Sundareshwar, B-26,Appaswamy Tower, 17,Thyagaraya Road, T.Nagar, Chennai-600 017.
5.P.Sugunasekhar No.502,"Gauthami Emerald"
Gauthami Enclave, Botanical garden's lane, Kondapur,Hyderabad-500 084.
6.M.Kanakadurga No.153,Sterling Court Sappers Lines,Balamari, Secunderabad-500 003.
...Respondents
Application praying that this Hon'ble Court be pleased to
restore the order dated 06.09.2016 is Application No.1865 of 2016 and thus render justice.
This application coming on this day before this court for hearing the court made the following order:
Application No.4 of 2017 has been filed to restore the Application No.1865 of 2015 which was dismissed for default on 06.09.2016. Though an opportunity has been granted for two separate occasions for filing counter, counter has not been filed. Even otherwise a perusal of the affidavit filed in support of the application reveals that the deponent of the affidavit, who is the Chief Manager of Punjab National Bank, has stated that the present suit has nullified the order passed by the Recovery Tribunal and the Application No.1865 of 2015 had been filed to reject the plaint. In fact, the first respondent herein has not filed the counter in Application No.1865 of 2015. However, owing to personal inconvenience to the counsel for plaintiff, there was no representation before this Court on 06.09.2016 and hence, the application No.1865 of 2015 was dismissed for default.
2.On the grounds of bona-fide and also on the ground that the averments made in the affidavit have not been challenged by filing any counter, this application No.4 of 2017 is allowed. No costs. Sd/.C.V.K.J 24.01.2017 //Certified to be a true copy// Dated this the day of 2017. MD/27.01.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.