South Arcot Central v. South Arcot Central Co-Operati

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.06.2018

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN S.A.No.1795 of 2004 South Arcot Central Cooperative Bank Employees Association, represented by its President, Cuddalore.

...Appellant/Appellant/Plaintiff Vs.

South Arcot Central Cooperative Bank Limited, Rep by its Special Officer, Cuddalore.

...Respondent/Respondent/Defendant

Prayer: Second Appeal filed under Section 100 of C.P.C., against the decree and judgment dated 05.06.2003 in A.S.No.115 of 2002 on the file of the Additional District Court (Fast Track Court, II), Cuddalore confirming the judgment and decree dated 12.03.2002 in O.S.No.65 of 1996 on the file of the Principal District Munsif Court, Cuddalore.

For Appellant : No appearance For Respondent : Mr.P.Arumugam

J U D G M E N T

Learned counsel for the respondent present.

2.This Second Appeal was listed on 20.04.2018 and on that date, the counsel for the respondent was present and there was no representation for the appellant and the appellant being called and remaining absent, Registry was directed to list the matter on 23.04.2018, under the caption "for dismissal". 3.On 23.04.2018, at request of the appellant's counsel, the matter was ordered to be finally posted for arguments on

26.04.2018. Again on 26.04.2018, at request of the appellant's counsel, the matter was ordered to be listed on 04.06.2018. 4.On 04.06.2018, the counsel for the respondent present. However, there was no representation for the appellant, despite the matter being called twice and the appellant being called and remaining absent. Resultantly, the Registry was directed to list the matter today, i.e., on 05.06.2018, under the caption "for dismissal".

5.Today also, when the matter is called, there is no representation for the appellant and the Appellant being called and remaining absent.

6. In view of the above position, the second appeal is dismissed for non-prosecution with costs. Consequently, connected miscellaneous petition, if any, is closed. MEMORANDUM OF COSTS Rs P Stamp for Vakalatnama ...

10.00 Translation Printing Charges ...

Nil .......

To be paid by the Appellant/Plaintiff sum of the 10\-(Rupees Ten only) towards cost incurred in this appeal to the Respondent/Defendant 10.00 .......

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1.The Additional District Judge, Additional District Court (Fast Track Court, II), Cuddalore.

2.The Principal District Munsif, Principal District Munsif Court, Cuddalore.

3.The Section Officer, VR Section, High Court, Chennai.)(2 copies) S.A.No.1795 of 2004 rsy(co) nr 21/06/2018