Thirumalsamy Shanthisingler Firm, Trading As Punitham Food Products v. K.Mangudithangaraj Trading As Ponnam Enterprises

(TM)A.No.98 of 2024 in (T)OP(TM)No.391 of 2023 SENTHILKUMAR RAMAMOORTHY,J By order dated 11.07.2024, the 1st respondent was set ex parte. By this application, the 1st respondent seeks to set aside such order. In the affidavit in support of this application, it is stated that the counsel on record could not attend the hearing on 11.07.2024 in view of ill health.

2. Learned counsel for the petitioner submits that issues were framed and that evidence was recorded after the 1st respondent was set ex parte. Therefore, he submits that terms may be imposed.

3. After the 1st respondent was set ex parte on 11.07.2024, issues were framed on 19.07.2024 and evidence was recorded on behalf of the petitioner on 23.07.2024. In these circumstances, upon taking note of the averments in the affidavit in support of this application, this 1/2 https://www.mhc.tn.gov.in/judis

SENTHILKUMAR RAMAMOORTHY,J kj application is allowed subject to payment of costs of Rs.10,000/- (Rupees Ten thousand only) to the petitioner within two weeks from the date of receipt of a copy of this order.

05.09.2024 kj (1/2) (TM)A.No.98 of 2024 in (T)OP(TM)No.391 of 2023 (1/2) 2/2 https://www.mhc.tn.gov.in/judis