Madras High CourtA/2509/2024dismissed as infructuous

R.Kothandaraman v. M/S.Srk Cinemas And 4 Others

2024-06-04Honourable Mr Justice P. Velmurugan3 pages

A.No.2509 of 2024 in C.S.(Comm. Div.) No.79 of 2024 and A.No.1872 of 2024 P.VELMURUGAN. J.

The application in A.No.2509 of 2024 is filed to condone the delay of one day in filing the Batta in A.No.1872 of 2024 in C.S.(Comm. Div.) No.79 of 2024 and accept the Batta vide e-filing reference No.A/1872/2024 (HCMA0116756922023) which was filed on 03.04.2024.

2. The learned counsel for the applicant/plaintiff submitted that this Court ordered notice on 02.04.2024 in Application in A.No.1872 of 2024, filed for Attachment Before Judgment. On verification of the Court proceedings uploaded in the Website on 03.04.2024, he came to know that the Batta has to be filed on the same day and if it is not filed on the same day, the said application would stand dismissed automatically without further reference. Immediately, he took Batta on 03.04.2024 through online and filed physical copy on 04.04.2024. But the Registry did not accept the Batta. Hence, the present application is filed to condone the delay of one day in filing the Batta in A.No.1872 of 2024.

3. Already, the defendants 1 to 5 have entered appearance through counsel and therefore, there is no necessity to pay Batta and therefore, the present application dismissed having become infructuous. 1/3

4. The learned counsel for the applicant/plaintiff is directed to serve a copy of the application for Attachment Before Judgment (A.No.1872 of 2024) to the learned counsel for the respondents/defendants.

5. The defendants 1 and 2 together have filed written statement. The defendants 3 to 5 have filed statement of adoption of written statement filed by the defendants 1 and 2.

6. Both the learned counsel are directed to file draft issues if any, on or before 20.06.2024.

7. List the suit on 21.06.2024 under the caption "for framing of issues" along with the application filed for ABJ in A.No.1872 of 2024. 04.06.2024 ksa-2 2/3

P.VELMURUGAN. J.

ksa-2 A.No.2509 of 2024 in C.S.(Comm. Div.) No.79 of 2024 and A.No.1872 of 2024 04.06.2024 3/3