Madras High CourtCMA(MD)/1180/2009dismissed for default

A.Seetha Raman v. Bharath Heavy Electricals Ltd.

2022-11-15Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :15.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI A.Seetha Raman .. Appellant / Petitioner/1st Respondent Vs.

1.Bharath Heavy Electrical Ltd., rep.by its Manager Personal(E&R), Tiruchirappalli-14.

.. 1st Respondent/ Respondent/ appellant 2.State of Tamil Nadu, rep. by its Secretary, Harijan Welfare Department, Fort St. George, Chennai.

3.The District Collector, Erode, Periyar District.

.. Respondents 2&3/ Respondents/ Respondents 2&3 Prayer: This Civil Miscellaneous Appeal is filed under Section 104 r/w. Orderg 43 Rule 1(t) of Civil Procedure Code, to set aside the order passed by the Principal Sub Court, Tiruchirapalli, dated 21.04.2009, in I.A.No.412 of 2008 in A.S.No.35 of 2004 by allowing this appeal. 1 / 4

For Appellant : No appearance For Respondent No.1 : Mr.K.Prabhakar For Respondent Nos.2&3 : Mr.Velavan Additional Government Pleader

JUDGMENT

Today (15.11.2022), when the matter is taken up for hearing, there is no representation on the side of the appellant.

2. This matter is placed before me, on 12.10.2022, at that time, the learned counsel for the appellant was not ready for argument and the case was adjourned to 19.10.2022. On 19.10.2022 and on 28.10.2022, there was no representation on the side of the appellant, hence, the matter was adjourned to 08.11.2022. On 08.11.2022, when the matter was taken up for hearing, there was no representation on the side of the appellant and hence, the case was adjourned to 15.11.2022, under the caption "for arguments or for orders".

3. Even today (ie.15.11.2022), when the matter was called, there was no representation on the side of the appellant. The respondents side ready for arguments.

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4. There is no use in keeping the case pending any further. Already sufficient opportunity was given to the appellant. Hence, this Appeal is dismissed for default. No costs.

15.11.2022 Index : Yes/No Internet : Yes/No Ls Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The Principal Sub Court, Tiruchirapalli.

2.The Secretary, Harijan Welfare Department, Fort St. George, Chennai.

3.The District Collector, Erode, Periyar District.

4.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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R. THARANI, J.

Ls Judgment made in 15.11.2022 4 / 4