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Madras High CourtCMP/16755/2021dismissed for default

The Management v. Maheswari

2025-04-02Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. SOUNTHAR

1. The Management B.K.Industries, No.18, Sri Rahavendra Sami Street, Athipattu Main Road, Ambattur Industrial Estate, Chennai - 600058.

Appellant(s) Vs

1. MAHESWARI W/o. Late. Mr.Arumugam, No.2-b, Mullai Stret, Selli Amman Koil Street, Athipattu, Ambattur Industrial Estate, Chennai - 600058.

2.NISHA D/o. Late Arumugam, No.2-b, Mullai Stret, Selli Amman Koil Street, Athipattu, Ambattur Industrial Estate, Chennai - 600058.

3.Tharun, S/o. Late. Arumugam, No.2-b, Mullai Stret, Selli Amman Koil Street,

Athipattu, Ambattur Industrial Estate, Chennai - 600058.

4.Pachiappan, No.2-b, Mullai Stret, Selli Amman Koil Street, Athipattu, Ambattur Industrial Estate, Chennai - 600058.

5.MUNIAMMAL No.2-b, Mullai Stret, Selli Amman Koil Street, Athipattu, Ambattur Industrial Estate, Chennai - 600058.

Respondent(s) PRAYER This Civil Miscellaneous Petition is filed under Section 151 of CPC to dispense with the production of Deposit Receipt Certificate of the commissioner to the effect that the Appellant has deposited with him the amount payable under the order dated 30.03.2021 in E.C.No.316 of 2016 along with this C.M.A. and the same may be taken on file and pass such further or other orders. For Appellant(s):

Mr.S.Ilamparithi

ORDER

When the matter came up for hearing on 01.04.2025, there was no representation on behalf of the petitioner. In order to given an opportunity to the petitioner, the Registry was directed to list the matter today under the caption for dismissal.

2. Today morning, when the matter was taken up for hearing, the representing counsel submitted that the counsel for the petitioner wanted to file a memo stating that he handed over the papers to his client. To enable the learned counsel for the petitioner to file a memo, the matter was passed over. Afternoon when the matter was taken up for hearing, there is no representation on behalf of the petitioner. Neither the counsel on record for the petitioner nor the counsel who made a representation on his behalf in the morning are present.

3. Therefore, this Civil Miscellaneous Petition is dismissed for default. In view of the dismissal of the C.M.P.No.16755 of 2021, Civil Miscellaneous Appeal is rejected in SR stage itself.

02-04-2025 jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

S.SOUNTHAR J.

jai 02-04-2025