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Madras High CourtCMP/18783/2021ordered

M/S. Digital Data Forms Private Limited v. M/S. Integrated Finance Company Limited

2021-12-07Honourable The Acting Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

C.M.P.No.18783 of 2021 in O.S.A. (CAD) No. SR 81238 of 2021 C.M.P.No.18791 of 2021 in O.S.A. (CAD) No. SR 81237 of 2021 and C.M.P.No.18934 of 2021 in O.S.A. (CAD) No. SR 81250 of 2021 THE HON'BLE ACTING CHIEF JUSTICE and P.D.AUDIKESAVALU, J.

(Order of the Court was made by the Hon'ble Acting Chief Justice) These applications have been filed to dispense with the production of the certified copies of the orders to be impugned by the appellant. The date of submission of the applications to obtain the certified copies is mentioned in the affidavit filed in support of the applications, apart from other details. Yet, the certified copies have not been supplied to the appellant.

2. It is stated that invariably delay is caused to supply the certified copies. Certified copies are generally not provided, unless both parties makes applications for the same and pay stamp duty in advance. The present applications to dispense with the filing of the certified copies are filed only for that reason.

3. The information given by learned counsel for the appellant needs to be taken into consideration. As and when an application to supply the certified copy of the order is filed, the office is under obligation to provide the same at the earliest. Unless the Rule prohibits, the office need not wait for the other party to make an application or to look into the defect or the deficiency, if any, in the other party's application. However, the stamp duty is to be paid by the applicant and thus to be notified immediately so that on payment, the certified copy is issued thereupon.

4. The Registry is directed to circulate this order to the concerned Section of this court so that no delay occurs in supplying the certified copy of the order. It otherwise unnecessarily leads to multiplicity of litigation in the form of filing application to dispense with the production of the certified copy of the order.

5. With the aforesaid, presently, the production of the certified copies of the orders impugned is dispensed with. The office is directed to provide the certified copies of the impugned orders to the appellant

at the earliest after rectifying the defects, if any. After obtaining the certified copies, the appellant is directed to file the same before this court.

6. Accordingly, the Registry is directed to number the appeals, if otherwise in order and list the same before this court. (M.N.B., ACJ) (P.D.A.,J.) 07.12.2021 bbr

THE HON'BLE ACTING CHIEF JUSTICE and P.D.AUDIKESAVALU, J.

bbr C.M.P.No.18783 of 2021 in O.S.A.

(CAD) No. SR 81238 of 2021 C.M.P.No.18791 of 2021 in O.S.A.

(CAD) No. SR 81237 of 2021 and C.M.P.No.18934 of 2021 in O.S.A.

(CAD) No. SR 81250 of 2021 07.12.2021