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Madras High CourtA/6491/2024allowed

M/S Color Chemicals And Dyes Llp, Represented By Its Designated Partner M Ponnusami v. Match Point

2025-01-20Honourable Mr Justice Abdul Quddhose4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.01.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE in C.S. Nos.491 and 496 of 2014 M/s.Colour Chemicals and Dyes LLP.

Rep. by its Designated Partner ...

Applicant in both applications vs.

1. M/s. Match Point and 9/10 others ...

Respondents / Defendants in both applications - - - - - - These applications have been filed seeking to restore A.Nos.5337 and 5338 of 2014 and also to restore the order of attachment dated 22.03.2019 passed by this Court in those applications.

2. Several opportunities were granted to the respondents to file counter 1/4

affidavit in these applications. Till date, counter affidavit has not been filed by the respondents against whom order of attachment has been passed by this Court earlier. The said attachment order came to be vacated, since the suit was dismissed for non-prosecution earlier. However, the said suit was restored to the file of this Court pursuant to the order passed by this Court on 04.11.2024. The applicant/plaintiff is having the benefit of an order of attachment from 22.03.2019 till 04.06.2024, when the suit was dismissed for non-prosecution earlier. Immediately after the dismissal of the suit for non-prosecution, the applicant/plaintiff filed an application seeking to restore the suit, which was dismissed for non-prosecution. As observed earlier, the said suit was restored to the file of this Court by order dated 04.11.2024. In the present applications, the applicant/plaintiff seeks to restore the order of attachment granted by this Court on 22.03.2019.

3. This Court is satisfied with the reasons contained in the affidavit filed in support of these applications, which have been filed to restore the order of attachment dated 22.03.2019 passed in favour of the applicant/plaintiff, which got vacated on account of the suit getting dismissed for non-prosecution. Since this Court has already restored the suit through its order dated 04.11.2024, the order of attachment dated 22.03.2019 has to be restored. Accordingly, 2/4

A.Nos.6491 and 6492 of 2024 are allowed as prayed for and the order of attachment dated 22.03.2019 passed in A.Nos.5337 and 5338 of 2014 is restored.

4. Post the matter for Case Management Hearing on 07.02.2025. 20.01.2025 vsi2 3/4

ABDUL QUDDHOSE, J.

vsi2 in C.S. Nos.491 and 496 of 2014 20.01.2025 4/4