Minda Industries Ltd-Seating Division v. M/S.Sri Agarwal Ispat (Chennai) Pvt Ltd And Another

A.Nos.3213 & 3214 of 2022 A.Nos.3213 & 3214 of 2022 in C.S. (Comm. Div.) No.77 of 2022 S.SOUNTHAR, J.

Both the applications have been filed by the applicant who is the second respondent in A.No.1833 of 2022 to recall and set aside exparte order dated 06.07.2022 passed by this Court in A.No.1833 of 2022.

2. It is asserted by the applicant in the affidavit filed in support of these applications that notice served on the local office of the applicant was not forwarded to the concerned Department and due to oversight, the notice was inadvertently misplaced. Hence, the concerned Division of the applicant company was not aware of the receipt of the notice. Therefore, the applicant could not appear before this Court at the relevant point of time. As consequence, the applicant was set exparte and the exparte order dated 06.07.2022 was passed by this Court in A.No.1833 of 2022.

3. The learned counsels for the respondents have no serious objection for allowing these applications.

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A.Nos.3213 & 3214 of 2022 S.SOUNTHAR, J.

Jen

4. In view of the fact that the learned counsel for the first respondent/plaintiff has no serious objection, the exparte order dated 06.07.2022 passed by this Court in A.No.1833 of 2022 stands set aside. These applications are allowed.

29.03.2023 (1/2) jen A.Nos.3213 & 3214 of 2022 in C.S. (Comm. Div.) No.77 of 2022 _____________ Page No. 2 of 2 https://www.mhc.tn.gov.in/judis