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Madras High CourtSA/438/2014dismissed as infructuous

Kennedy Industrial School v. The Deputy Commercial Tax

2021-07-23Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN S.A.No.438 of 2014 (Through Video Conferencing) Kennedy Industrial School, Rep by its Principal N.Krishnamurthy, S/0.Nagappa Mudaliar, No.53 & 53-A, R.S.Road, Sedhukkarai, Gudiyatham, Vellore District.

... Appellant Vs.

1.The Deputy Commercial Tax Officer, Gudiyatham (East), Gudiyatham, Vellore District. 2.The Recovery Officer, Debt Recovery Tribunal - I, No.770, Spencer Towers, Mount Road, Chennai - 2.

3.Tamilaga Recognised Private Industrial I.T.C Welfare Association rep by its Secretary, No.55, Old No.19, Ekambaram St, Korukkupet, Chennai - 600 021.

... Respondents (Respondents 2 & 3 are not necessary parties and also remained ex-parte before the Courts below, hence notice may be dispensed with) Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree in A.S.No.372 of 2011 dated 20.09.2012 on the file of Ist Additional Judge, City Civil Court, Chennai confirming the decree and judgment in O.S.No.2279 of 2008 dated 16.04.2010 on the file of IIIrd Assistant Judge, City Civil Court, Chennai.

For Appellant : Mr.S.Kamadevan For Respondents: No appearance for R1 R2 and R3 Ex-parte

JUDGMENT

The learned counsel for the appellant submits that the remedy sought for in the suit in O.S.No.2279 of 2008 has been granted to the appellant by this Court in W.P.No.23281 of 2013 vide order dated 02.07.2021.

https://hcservices.ecourts.gov.in/hcservices/

2.Recording the submissions made by the learned counsel for the appellant, this second appeal is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar jas To:

1.The I Additional Judge, City Civil Court, Chennai.

2.The III Assistant Judge, City Civil Court, Chennai.

3.The Deputy Commercial Tax Officer, Gudiyatham (East), Gudiyatham, Vellore District. 4.The Recovery Officer, Debt Recovery Tribunal - I, No.770, Spencer Towers, Mount Road, Chennai - 2.

5. The Secretary, Tamilaga Recognised Private Industrial I.T.C Welfare Association, No.55, Old No.19, Ekambaram St, Korukkupet, Chennai - 600 021.

S.A.No.438 of 2014 RLD(CO) GN(14/09/2021) https://hcservices.ecourts.gov.in/hcservices/