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Madras High CourtCRP/465/2017dismissed

Liberty Leathers v. M/S.Indpelkemica,5/733,Mbtroad

2022-03-14Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.P(PD).No.465 of 2017 and CMP.No.2256 of 2017 1.Liberty Leathers 91/B, 1 & 2 Phase II, Sidco Industrial Complex, Sipcot, Ranipet - 632 403 Represented by its Proprietor, E.S.Gopi 2.E.S.Gopi, Proprietor, Liberty Leathers, 91/B, 1 & 2 Phase II, Sidco Industrial Complex, Sipcot, Ranipet - 632 403.

..Petitioners Vs.

1.M/s.Indpelkemica, 5/733, MBT Road, Bharathi Nagar, Ranipet 632 403, Vellore District Authorized Agent of SESN STRADA VOLPIANO 119/123-10040 LEINI (TO) ITALY, Rep. By its Partner, S.Palanivel 2.The Senior Manager, Bank of Baroda, PB 440 No.120/2, Long Bazzar, Vellore - 632 044.

..Respondents 1/4

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order passed in unnumbered I.A in O.S.No.35 of 2016 dated 11.01.2017 on the file of the II-Additional District and Sessions Judge, Vellore @ Ranipet, Vellore District.

For Petitioners : Mr.D.Santhosh Bharath for Mr.K.Mohanamurali For Respondents : Mr.R.Vasudevan for R1 - No Appearance

O R D E R

Nothing survives in the Civil Revision Petition, since the suit in O.S.No.35 of 2016 on the file of the II-Additional District Court at Ranipet in Vellore District has been decreed.

2.The present Civil Revision Petition had been filed against an unnumbered Interlocutory Application, which had been filed by the revision petitioners / defendants, seeking to reject the plaint under Order 7 Rule 11 of C.P.C. Since the suit itself had been decreed, the application filed under Order 7 Rule 11 is certainly not maintainable. 2/4

3.In view of that fact, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

14.03.2022 kkn Index:Yes/No Internet:Yes/No Speaking/Non-speaking order To:- The II-Additional District and Sessions Court, Ranipet, Vellore District.

3/4

C.V.KARTHIKEYAN, J.

KKN C.R.P(PD).No.465 of 2017 and CMP.No.2256 of 2017 14.03.2022 4/4