State Industries Promotion v. M/S.Omsakthi Plastics India Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(TESTAMENTARY AND INTESTATE JURISDICTION) MONDAY, THE 20TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.Nos.2047, 2048 and 2049 of 2022 in O.P. No.758 of 2013 In the matter of State Financial Corporation Act, 1951 STATE INDUSTRIES PROMOTION CORPORATION OF TAMIL NADU LIMITED, REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR ..Applicant/Petitioner in all applications -Vs1. M/S.OMSAKTHI PLASTICS INDIA LTD., (FORMERLY OMSAKTHI POLYENE INDS) 30, BALAJI SINGH STREET, SAIDAPET, CHENNAI - 600 015 2.THIRU. S.AMALRAJ S/O.THIRU P.SUBBIAH, NO.4, MULLAI STREET, GANDHI NAGAR, SALIGRAMAM, CHENNAI - 600 093
3. THIRU. S.VIJAYA KUMAR, S/O.THIRU P.SUBBIAH, 11-A, ANNAMALAI NAGAR, FIRST STREET, WEST MAMBALAM, CHENNAI - 600 033
4.TMT. K.V.BALAMURALI KRISHNA KUMARI W/O.THIRU S.AMALRAJ, NO.4, MULLAI STREET, GANDHI NAGAR, SALIGRAMAM, CHENNAI - 600 093 ..RESOPONDENTS/RESPONDENTS A.No.2047/2022:
Application praying that this Hon'ble Court be pleased to recall the evidence PW1.
A.No.2048/2022:
Application praying that this Hon'ble Court be pleased to grant leave to the petitioner to mark the photo copy of the documents namely the closure report of the Judicial Magistrate-I Vellore dated 16.06.2011 in proceedings in RCSMU 57/2011.
A.No.2049/2022:
Application praying that this Hon'ble Court be pleased to reopen the petitioner's evidence.
These applications are coming on this day before this court for hearing, the court made the following order:
These applications are filed for the following respective reliefs, viz.,
i) to recall the evidence of PW1;
ii) to grant leave to the petitioner to mark the photo copy of the documents, viz., the closure report of the Judicial Magistrate - I, Vellore, dated 16.06.2011 and iii) to reopen the petitioner's evidence.
2. According to the applicant though the applicant applied for a certified copy of closure report of the Judicial Magistrate - I, the same was returned on the ground that the documents were destroyed. In such circumstances, the learned counsel for the applicant would submit that the said document is very essential to prove his case and hence he seeks permission to mark the xerox copy of the said proceedings and for this purpose, to recall the petitioner and to reopen the evidence, are required.
3. There is no representation on behalf of the respondents since they have already been set ex parte as early as on 18.03.2022.
4. Considering the submissions made by the learned counsel for the applicant and since this Court is satisfied with the reasons assigned in
the affidavit filed in support of these applications, these applications are allowed.
Sd/.K.R.J.
20.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/27.06.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.