Madras High CourtA/4520/2021allowed

M/S.Penna Cements Industries Ltd v. M/S.Sreedevi Infra Constructions Pvt. Ltd.,

2022-02-01Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 1ST DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY A.No. 4520 of 2021 in C.S. No.556 of 2016 M/s.Penna Cement Industries Ltd., Represented by its Manager (Marketing) Mr.Prudentius Felix Gerald Henry, Branch office at Zaret Garden, No.8, Casa Major Road, Egmore, Chennai-600 008.

...Plaintiff / Applicant /versus/ M/s.Sreedevi Infra Constructions Pvt.Ltd., Rep.by its Director, Ravi Shankar Tumkur Sanganna Gordenia Apartments, Orchid Block-101, Sahakaranagar, Kodeghalli, Bangalore - 560092.

Branch office at M-Floor, "W" Block,

No.97, 3 rd Main Road, Anna Nagar, Chennai-600 040.

.. Defendant / Respondent Application praying that this Hon'ble Court be pleased to set aside order dated 06.08.2021 and restore the suit C.S.No. 556 of 2016. This Application coming on this day before this court for hearing, the court made the following order:- This application is filed to set aside the order dated 06.08.2021 and restore C.S.No.556 of 2016 on the file of this Court. 2.In the affidavit filed in support of the application, it is stated that learned counsel, Mr.T.M.Velumani, who appeared on behalf of the plaintiff in the suit passed away in March 2021. Therefore, it is stated that alternative arrangements could not be made before the hearing on 06.08.2021, and that the suit was dismissed for nonprosecution. 3.Mr.U.Karunakaran, learned counsel, appears on behalf of the respondent / defendant. He submits that the vakalat filed by him was returned and that he would re-present the same.

4.Upon examining the averments in the affidavit and being satisfied that sufficient cause has been made out, A.No.4520 of 2021 is allowed. Consequently, the order dated 06.08.2021 is set aside and C.S.No.556 of 2016 is restored on the file of this Court.

Sd./-SKRJ.

01/02/2022 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 03/02/2022