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Madras High CourtOSA/105/2018dismissed for nonprosecution

M. Padmanabha Kamath v. M/S. Aditya Birla Money Ltd.,

2024-02-06Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.02.2024

CORAM:

THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE R.SAKTHIVEL

1. Mr.M.Padmanabha Kamath (deceased)

2. Akshatha Yashwantha Bhat

3. M. Mohandas Kamath @ Mohandas Kamath ... Appellants Appellants 2 & 3 brought on record as LRs of the deceased Appellant viz., M.Padmanabha Kamath vide Court order dated 07.01.2022 made in CMP Nos.17725, 17730, 21254, 20966 of 2021 in OSA No.105 of 2018.

Versus

1. M/s.Aditya Birla Money Limited, (Previously Apollo Sindhoori Capital Investments Limited) 304, Sanu Palace, 3rd and 4th Floor, M.G.Road, Kodial Bali, Mangalore 575 003.

2. S.Jayaraman, Sole Arbitrator, C/o. National Stock Exchange of India Ltd, 8th Floor, Arihant Nitco Park, 90, Dr. Radhakrishnan Salai, Mylapore, Chennai 600 004.

.... Respondents 1/4

PRAYER: Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules read with Clause 15 of Letters Patent, to set aside the judgment and order dated 11.12.2017 made in O.P.No.222 of 2013. For Appellants : No appearance For Respondents : Mr.S.Ramasubraniam, for R1

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) When the Appeal was taken up for hearing on 02.02.2024, there was no representation on behalf of the appellant. Hence, the Registry was directed to list the matter on 06.02.2024, under the caption 'for dismissal'. Even today, there is no representation on behalf of the appellant. Therefore, the Appeal is dismissed for non prosecution. There shall be no order as to costs. (R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) 06.02.2024 jv 2/4

Index : No Internet : Yes Non Speaking order To The Section Officer, Original Side, High Court of Madras 3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL , J.

jv 06.02.2024 4/4