Uniworld Logistics Private v. Indev Logistics Private Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(PD).No.188 of 2016 and C.M.P.No.943 of 2016 Uniworld Logistics Private Limited Rep. by its Managing Director No.225, 4th Block, 5th Main Bangalore-560 034.

Also at Plot No.A-11 and A-12 Sipcot Industrial Park Irungattukottai, Sriperumbudur Kancheepuram District.

.. Petitioner/Defendant Vs.

Indev Logistics Private Limited Rep. by its Chief Financial Officer Mr.Vishwanatham Gandla No.81, Thambu Chetty Street Chennai-600 001.

.. Respondent/Plaintiff Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the impugned docket order dated 24.11.2015 passed in I.A.No.2001 of 2015 in O.S.No.101 of 2015 on the file of the District Munsif-cum-Judicial Magistrate's Court, Sriperumbudur.

For Petitioner : Mr..Rathina Asohan For Respondent : Mr.T.V.Ramanujam, senior counsel for Mr.K.S.Arumugam

O R D E R

Civil Revision Petition is filed to set aside the impugned docket order dated 24.11.2015 passed in I.A.No.2001 of 2015 in O.S.No.101 of 2015 on the file of the District Munsif-cum-Judicial Magistrate's Court, Sriperumbudur.

2.The respondent herein as a plaintiff filed a suit in O.S.No.101 of 2015 for permanent injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the B schedule property, for permanent injunction restraining the defendant from preventing the access and entry of the plaintiff from and into the B schedule property for the purpose of inspection, to make changes, additions, alterations, repairs etc., in the B schedule property and also for mandatory injunction directing the defendant to remove the defendant's men and materials from the B schedule property and to handover the vacant possession of the B schedule property to the plaintiff and other reliefs.

3.During pendency of the suit, the plaintiff/respondent has filed an application in I.A.No.2001 of 2015 under Order II Rule 2(3) C.P.C., to grant leave to the plaintiff to sue the defendant for the relief of recovery of arrears of storage/warehouse charges and damages for wrongful occupation and other reliefs arising out of the warehouse agreement dated 01.12.2010 in a separate suit. The trial Court allowed the application, against which, the present revision has been preferred by the defendant.

4.Learned counsel appearing for the revision petitioner submits that the defendant was not given an opportunity to file a counter in the application and contesting the same on merits. The present application was filed on 24.11.2015 and on that date itself, it was allowed. Therefore, he prays for allowing the revision. 5.Learned senior counsel appearing for the respondent/plaintiff submits that it is true, an opportunity must be given to the defendant to putforth his case. He also prayed for early disposal of the application.

6.Considering the submissions made on both sides and perusing the typed set of papers, I am of the view, an opportunity must be given to the defendant/revision petitioner to file a counter in I.A.No.2001 of 2015. Therefore, the docket order passed in I.A.No.2001 of 2015 is liable to be set aside, it is hereby set aside and the matter is remanded back to the trial Court. The Presiding Officer, District Munsif-cum-Judicial Magistrate's Court, Sriperumbudur, is directed to give an opportunity to the revision petitioner/defendant to file a counter in I.A.No.2001 2015 and dispose of the same within a period of two months from the date of receipt of a copy of this order. The revision petitioner/defendant is directed to file a counter within a period of two weeks from today. 7.With the above direction, the Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

28.01.2016 Index:Yes/No kj To The District Munsif-cum-Judicial Magistrate's Court, Sriperumbudur.

R.MALA,J.

kj C.R.P(PD).No.188 of 2016 and C.M.P.No.943 of 2016 28.01.2016