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Madras High CourtA/3434/2022allowed

M/S.Doosan Infracore Construction Equipments India Pvt.Ltd. v. M/S.International Commercial Corporation

2022-09-01Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

A.No.3434 of 2022 in C.S.No.16 of 2020 & Tr. C.S.No.397 of 2020 SENTHILKUMAR RAMAMOORTHY, J This application is filed to set aside the ex parte order dated 09.09.2021.

2. Learned counsel for the applicant submits that the applicant filed the earlier suit being Tr.C.S.No.397 of 2020. It is stated that C.S.No.16 of 2020 was filed by the defendant in the earlier suit as a counter blast. It is further stated that the applicant/defendant would be put to great hardship unless the order dated 09.09.2021 is set aside.

3. Upon examining the affidavit in support of this application and being satisfied that sufficient cause is shown, this application is allowed and the order dated 09.09.2021 is set aside.

List on 15.09.2022.

01.09.2022 Page No.1 of 2

SENTHILKUMAR RAMAMOORTHY, J A.No.3434 of 2022 in C.S.No.16 of 2020 & Tr. C.S.No.397 of 2020 01.09.2022 Page No.2 of 2

List the case on 07.03.2022. Any counter proposed to be used by the plaintiff shall be served on the learned counsel for the defendant at least two days prior to the next date of hearing.

Interim order granted earlier is extended until then. 18.02.2022 Page No.3 of 2

A.No.274 of 2022 Page No.4 of 2