K Rangadoss v. Lyca Productions

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE P.DHANABAL K.Rangadoss .. Appellant Vs.

1.Lyca Productions Production Company No.55, 2nd Floor, Vijayaraghava Road T.Nagar, Chennai 600 017 2.A.R.Murugadoss 3.M/s.South Indian Film Writers Association Rep. by its General Secretary L-23, Flat-1, 2nd Floor, LIG Bharathidasan Colony K.K.Nagar, Chennai 78 4.Surekha Konidela 5.Ram Charan Teja .. Respondents Original Side Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent, against the order dated 13.02.2020 passed in C.S.No.853 of 2017.

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For Appellant : No appearance For R1 to R3 : No appearance For R4 & R5 : Mr.C.Seethapathy

J U D G M E N T

(Delivered by S.S.SUNDAR, J.) This Court, on going through the docket orders, found that the matter has been adjourned on numerous occasions, at the request of the appellant for no valid reasons. Though the matter was listed under the caption 'for dismissal' on several occasions, the appellant used to take adjournment under the pretext that his counsel is engaged in some other Court.

2. This Court, on 26.11.2024, after finding that the appellant who was present, wanted to engage some other counsel, advised the appellant to approach the High Court Legal Services Authority to get legal assistance, in case, he is unable to get his counsel to argue the case and the matter was adjourned to 16.12.2024.

3. When the matter was taken up for hearing on 16.12.2024, a learned counsel representing the counsel on record for the appellant asked for a pass 2/4

over and when the matter was called again, the learned counsel on record for the appellant submitted that he has given change of vakalat, at the request of his client. Hence, the matter was directed to be listed under the caption "either for dismissal or for disposal on merits" on 18.12.2024.

4. Today, the appellant who is present before this Court, has submitted a letter dated 18.12.2024, requesting us to permit him to argue the case on merits as party-in-person. However, he was not present, when the case was called. Considering the delaying tactics adopted by the appellant, this Court is not inclined to accommodate the appellant. A letter of the appellant is seen in the bundle requesting this Court to take up the matter. The conduct of the appellant is peculiar. Therefore, this original side appeal stands dismissed for non-prosecution. No costs. In case, the appellant files a petition for restoration, on an undertaking that the appeal will be argued on merits without a request for adjournment, petition can be allowed. [S.S.S.R.,J.] [P.D.B.,J.] 18.12.2024 Index : Yes/No gya 3/4

S.S.SUNDAR, J.

AND P.DHANABAL, J.

gya To The Sub Assistant Registrar Original Side Madras High Court Chennai 600 104 18.12.2024 4/4