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Madras High CourtCMP/22275/2019closed

G.Balakrishnan And Brothers Ltd v. M/S.Karthik Engineering Works

2019-12-05Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Krishnan Ramasamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Fifth day of December Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.M.SUNDRESH AND THE HON`BLE MR JUSTICE KRISHNAN RAMASAMY CMP No.22275 of 2019 IN AS No.738 of 2019 G.BALAKRISHNAN AND BROTHERS LTD, [ PETITIONER ] REP BY ITS AUTHORISED SIGNATORY, LAKSHMI KANTH JOSHI (PUBLIC LTD COMPANY REGISTERED UNDER INDIAN COMPANIES ACT 1956) HAVING ITS REGISTERED OFFICE AT 6/16/13, KRISHNARAYAPURAM ROAD, GANAPATHY, COIMBATORE.

Vs 1 M/S.KARTHIK ENGINEERING WORKS [ RESPONDENTS ] REP.BY ITS PROPRRIETOR, KAVITHAKALIAPPAN,SATTHY ROAD, PASUR, COIMABTORE.

2 KALIAPPAN Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an interim stay of operation of decree dt 06/03/2019 in OS No.822/2009 on the file of the Ist Additional District Judge Coimbatore (in CMP.No.22275/2019) pending AS NO.738 of 2019. Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. P.B.BALAJI, Advocate for the petitioner and of M/S.A.THIYAGARAJAN Advocate (Caveator) on behalf of the Respondents the court made the following order:- (Order of the Court was made by M.M.SUNDRESH, J.) It is submitted by both the counsel that the conditional order has been complied with.

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2.In such view of the matter, interim order already granted is made absolute and the respondents are permitted to withdraw the amount deposited on condition that they shall furnish immovable property security for the aforesaid amount before the lower Court. We also make it clear that withdrawal of the said amount would be subject to the result of the appeal.

-sd/- 05/12/2019 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE 1ST ADDITIONAL DISTRICT JUDGE, COIMBATORE.

C.C. to M/S. P.B.RAMANUJAM Advocate, SR.NO.14490 C.C. to M/S. A.THIYAGARAJAN, Advocate, SR.NO.14519 Order in CMP.22275/2019 in AS.738/2019 Date :05/12/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/31/10/2019, 20/12/2019 https://hcservices.ecourts.gov.in/hcservices/