Madras High CourtA/685/2018allowed

M/S.Arihanth Paper Mart v. M/S.Supreme India Company

2018-02-14Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.Nos.685 & 686 of 2018 in A.Nos.5072 & 5073 of 2017 in EP.No.135 of 2016 M/s.Arihanth Paper Mart, Rep.by its Proprietor Sri Sapnesh Chopra, #196/10, C.M.Complex, Sultanpet, Bangalore 560 053 ..Decree Holder/Claimant (A.Nos.685 & 686 of 2018 & EP.No.135 of 2016) Vs.

M/s.Supreme India Company, Rep.by its Proprietor Sri Ritesh Munoth, #14, 1 st Floor, Near Maruti Sports Centre Office, Kasichetti Street, Sowcarpet, Chennai-79 ..Judgment Debtor/Respondent (A.Nos.685 & 686 of 2018 & EP.No.135 of 2016) A.Nos.5072 & 5073 of 2017:

M/s.Supreme India Company, Rep.by its Proprietor Sri Ritesh Munoth, #14, 1 st Floor, Near Maruti Sports Centre Office, Kasichetti Street, Sowcarpet, Chennai-79 ...Applicant/Judgment Debtor

Vs.

M/s.Arihanth Paper Mart, Rep.by its Proprietor Sri Sapnesh Chopra, #196/10, C.M.Complex, Sultanpet, Bangalore 560 053 ..Respondent/Decree Holder A.No.685 of 2018 :

Application praying that this Hon'ble Court be pleased to permit the applicant condone the delay of 10 days in filing the above Appeal to be filed by the applicants herein. A.No.686 of 2018 :

Application praying that this Hon'ble Court be pleased to permit the applicant condone the delay of 10 days in filing the above Appeal to be filed by the applicants herein. These applications coming on this day before this court for hearing the court made the following order:

This application has been filed seeking to condone the delay of 10 days in filing the above two appeals.

2. These two appeals have been filed against an order of the learned Master in Application Nos.5072 and 5073 of 2017. Both the applications filed in E.P.No.135 of 2016, were dismissed by an order dated 4.12.2017.

3.The decree holder, aggrieved by the said order of the learned Master has filed two appeals in Applications Nos.683 and 684 of 2018. While filing the said applications, there is a delay of 10 days. Among the reasons stated to condone the delay, it has been stated that the order of learned Master was received only

belatedly and hence within the time period, the appeal could not be filed. With the observations that by condoning the delay, it does not mean that the matter has been examined on merits and that it has to be heard on merits, the applications are allowed and the delays are condoned.

Sd/- C.V.K.J.

14.02.2018 //Certified to be true copy// Dated at Madras this the day of 2018. TR : 23.04.2018 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.