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Madras High CourtA/2910/2021allowed with costs

Singanamala Ramesh Babu v. K.Ramesh Kumar

2021-08-24Honourable Mr Justice N. Seshasayee6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 24TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE Mr.Singanamala Ramesh Babu, S/o S.Sathya Ramamurthy, Sri Krishna Apartments, (formerly Brindavan Apartments), No.39/6, Thanikachalam Road, T.Nagar, Chennai - 600 017.

... Plaintiff -VersusMr.K.Ramesh Kumar, Managing Director, M/s Kalpana Foundations Pvt. Ltd., No.54/A, New No.152, Periyar Pathai, Choolaimedu, Chennai - 600 094.

... Defendant A.No.2910 of 2021:- Mr.K.Ramesh Kumar, Managing Director, M/s Kalpana Foundations Pvt. Ltd., No.54/A, New No.152, Periyar Pathai, Choolaimedu, Chennai - 600 094.

... Applicant/ Defendant -VersusMr.Singanamala Ramesh Babu, S/o S.Sathya Ramamurthy, Sri Krishna Apartments, (formerly Brindavan Apartments), No.39/6, Thanikachalam Road, T.Nagar, Chennai - 600 017.

... Respondent/Plaintiff

Application praying that this Hon'ble Court be pleased to Condone the delay of 2157 days in filing Written Statement in the above suit.

This Application coming on this day before this Court for hearing in the presence of Mr.G.Saravanan, Advocate for the applicant herein, and Mr.M.Kempraj, Advocate for the respondent herein, and upon reading the Judges summons and the Affidavit of K.Rameshkumar filed herein, and the order herein dated 25.03.2021 made in A.No.2630 of 2020 in C.S.Nos.27 and 450 of 2015, it is ordered as follows:

That the applicant/defendant herein shall pay a sum of Rs.10,500/- (Rupees Ten Thousand Five Hundred only) as costs payable to the Plaintiff herein and shall pay a sum of Rs.10,500/- (Rupees Ten Thousand Five Hundred only) as costs payable to the Adyar Cancer Institute, Chennai on or before 07.09.2021.

2. That subject to the condition as mentioned in Clause (I) Supra, the delay of 2157 days in filing Written Statement in the above suit be and is hereby condoned.

3. That in default of paying the aforesaid amount within time as mentioned in clause (I) supra, the application shall stand dismissed automatically.

4. That the Application No.2910 of 2021 in C.S.No.450 of 2015 be posted on 07.09.2021 under the caption 'for reporting compliance'. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 24th DAY OF AUGUST 2021.

Sd/- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

MU 06.09.2021

ORDER

DATED: 24.08.2021 THE HON'BLE MR.JUSTICE N.SESHASAYEE FOR APPROVAL: 06.09.2021 APPROVED ON : 06.09.2021 Copy to:- The Adyar Cancer Institute (WIA), East Canal Bank Road, Adyar, Chennai.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 24TH DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE N.SESHASAYEE Mr.Singanamala Ramesh Babu, S/o S.Sathya Ramamurthy, Sri Krishna Apartments, (formerly Brindavan Apartments), No.39/6, Thanikachalam Road, T.Nagar, Chennai - 600 017.

... Plaintiff -VersusMr.K.Ramesh Kumar, Managing Director, M/s Kalpana Foundations Pvt. Ltd., No.54/A, New No.152, Periyar Pathai, Choolaimedu, Chennai - 600 094.

... Defendant A.No.2910 of 2021:- Mr.K.Ramesh Kumar, Managing Director, M/s Kalpana Foundations Pvt. Ltd., No.54/A, New No.152, Periyar Pathai, Choolaimedu, Chennai - 600 094.

... Applicant/ Defendant -VersusMr.Singanamala Ramesh Babu, S/o S.Sathya Ramamurthy, Sri Krishna Apartments, (formerly Brindavan Apartments), No.39/6, Thanikachalam Road, T.Nagar, Chennai - 600 017.

... Respondent/Plaintiff

Application praying that this Hon'ble Court be pleased to Condone the delay of 2157 days in filing Written Statement in the above suit.

This Application coming on this day before this Court for hearing, the Court made the following order:

This Application is filed to condone the delay of 2157 days in filing the Written Statement in C.S.No.450 of 2015.

2.Heard both sides.

3.This Application is allowed on condition that the applicant/defendant pays a sum of Rs.10,500/- (Rupees Ten Thousand Five Hundred Only) to the Plaintiff and Rs.10,500/- (Rupees Ten Thousand Five Hundred Only) to the Adyar Cancer Institute, Chennai, on or before 07.09.2021, lest the application will stand dismissed automatically. 4.Post the matter on 07.09.2021 under the caption 'for reporting compliance'.

Sd./-N.S.S.J.

24.08.2021 //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.