Madras High CourtA/5897/2017ordered

Garware Marine Industries v. M/S.Integrated Finance Company

2017-10-06Honourable Mr Justice R. Subramanian2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 6TH DAY OF OCTOBER 2017 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN A.No.5897 of 2017 in C.S. No.591 of 2010 M/s.Integrated Finance Company Limited, Represented by its Legal Officer Ad duly constituted Attorney R.Hema Jothi Registered Office at "Vairams", No.112, Thayagaraya Road, T.Nagar, Chennai - 600 017.

And branch offices inter alia at 2nd floor, Dol-Bin-Shri Premises Co-operative Society Ltd., 69-71, Janma-Bhoomi Marg, Fort, Mumbai - 400 001.

..Plaintiff Vs Garware Marine Industries Limited Registered Office at Chander Mukhi 2nd Floor, Opp.Oberoi Hotel, Nariman Point, Mumbai 400 021.

Now at 102, Bulidarch Wisteria, 1st Floor, Ram Murti Road, Dadar(w), Mumbai - 400021.

..Defendant A.No.5897 of 2017:

Garware Marine Industries Limited Registered Office at Chander Mukhi 2nd Floor, Opp.Oberoi Hotel, Nariman Point, Mumbai 400 021.

Now at 102, Bulidarch Wisteria, 1st Floor, Ram Murti Road, Dadar(w), Mumbai - 400021.

...Applicant/Defendant Vs M/s.Integrated Finance Company Limited, Represented by its Legal Officer Ad duly constituted Attorney R.Hema Jothi Registered Office at "Vairams", No.112, Thayagaraya Road, T.Nagar, Chennai - 600 017.

And branch offices inter alia at 2nd floor, Dol-Bin-Shri Premises

Co-operative Society Ltd., 69-71, Janma-Bhoomi Marg, Fort, Mumbai - 400 001.

...Respondent/Plaintiff

Application praying that this Hon'ble Court be pleased to set aside the ex-parte Decree dated 15th June 2012 passed in C.S.No.591 of 2010.

This Application coming on this day before this court for hearing the court made the following order: This application has been filed seeking to set aside the ex-parte decree dated 15.06.2012 in C.S.No.591 of 2010. By an order dated 04.04.2017 in Application No.1782 of 2017, seeking to condone the delay of 1690 days in filing the application was condoned by this Court, on condition that the applicant deposits a sum of Rs.30,00,000/- to the credit of the suit and also on payment of costs of Rs.5,000/- to the respondent. It is not in dispute that the said condition is complied with.

2. In view of the same, the ex-parte decree dated 15.06.2012 made in CS No.591 of 2010, is set aside and the defendant is granted time till 27.10.2017 to file his written statement, without an application for condonation of delay in filing the written statement.

Sd/-R.S.M.j 06.10.2017 //Certified to be a true copy// Dated this the th day of 2017. EM/13.10.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.