Madras High CourtCMA/3228/2024withdrawn dismissed

M/S.Sooriya Traders v. M/S.Devganesh Exporters

2024-12-16Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.M.A.No.3228 of 2024 M/s.Sooriya Traders, rep. by its Partner Elayathambi Thavagnanasuriyan, and having office at N.191, 5th Cross Street, Colombo-11, SriLanka, rep. by its Power Agent Stephan Paul, son of Paul Manoharan, No.1/1, Mathiyas Nagar, St. Thomas Mount, Chennai-600 016.

.. Appellant vs 1.M/s.Devganesh Exporters, D.No.2-221, Sivareddy Palem, Guntur, Andhra Predesh-522 509 Also at Radhakrishna Cold Storage, Uppara Palam, V.Mandal, Guntur District, Andhra Predesh-500 005.

2.Subba Rao, Prop of M/s.Devganesh Exporters, Radhakrishna Cold Storage, Uppara Palam, V.Mandal, Guntur District, Andhra Predesh-500 005.

3.Anka Babu, Authorised representative of M/s.Devganesh Exporters, Radhakrishna Cold Storage, Uppara Palam, V.Mandal, Guntur District, Andhra Predesh-500 005.

4.JST Maritime Pvt. Ltd., rep. by its Senior Customer Service Rajkumar, New No.24, Old No.322, Thambu Chetty Street, Chennai-600 001.

.. Respondents Prayer : Appeal under Section 13 of the Commercial Courts Act read with Order 43, Rule 1 CPC to set aside the docket order dated 6.6.2024 on the file of Commercial Court, Chennai at Egmore.

For Appellant : Mr.S.Balasubramanian

JUDGMENT

(Delivered by Senthilkumar Ramamoorthy, J.) After the matter was heard for some time, learned counsel for the

appellant sought leave to withdraw the appeal, subject to refund of the court-fee.

2. By directing that the court-fee be refunded in the name of advocate for appellant (who shall provide an account in respect thereof to the appellant), within four weeks of making appropriate application, the appeal is dismissed as withdrawn without any order as to costs. The time taken in the prosecution of this appeal (from 06.06.2024 till date) shall stand excluded for the purposes of re-presentation of the plaint before the jurisdictional civil court. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 16.12.2024 Index :

Yes NC :

Yes bbr To The District Judge, Commercial Court, Egmore, Chennai-600 008.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

bbr C.M.A.No.3228 of 2024 16.12.2024