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Madras High CourtCMP(MD)/2749/2019dismissed

Food Corporation Of India, v. M/S.Vicnivass Agency, Partner

2024-08-21Honourable Mr Justice P.Velmurugan,Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD) No.2749 of 2019 IN AS(MD) No.71 of 2014 FOOD CORPORATION OF INDIA, HAVING ITS HEADQUARTERS AT NO.16-20, BARAKHAMBA LANE, NEW DELHI, REP THRO AREA MANAGER, DISTRICT OFFICE, BEACH ROAD, THOOTHUKUDI.

... PETITIONER/PETITIONER Vs 1 M/S.VICNIVASS AGENCY, PARTNERSHIP FIRM, REP BY ITS PARTNERS, T.P.S.PONKUMAR AND T.P.S.SELVAMADHAN, NO.289D, SIVANTHAKULAM ROAD, THOOTHUKUDI.

2 T.P.S.PONKUMAR, 3 T.P.S.SELVAMADHAN, ... RESPONDENTS/RESPONDENTS 1/3

4 THE CHAIRMAN, PORT TRUST, THOOTHUKUDI, NOW V.O.CHITHAMBARANAR, PORT TRUST, THOOTHUKUDI. ... PROPOSED IMPLEADING PARTY/ 4th RESPONDENT Civil Miscellaneous petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to implead the Chairman, Port Trust, Thoothukudi, Now V.O.Chithambaranar, Port Trust, as a proposed party/4th Respondent in the above appeal. PRAYER in AS(MD) No.71 of 2014:

To set aside the Judgment and Decree dated 09.04.2013 passed in O.S.No.45 of 2009 on the file of Principal District Judge, Thoothukudi, and allow the present appeal.

ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.KUMAR, Advocate for the petitioner and of MR.N.DILIP KUMAR, Advocate on behalf of the Respondents, the Court made the following order:- This petition is filed to implead the proposed respondent as a fourth respondent in the appeal.

2. The proposed party is neither a necessary party nor an appropriate party. 2/3

They are not a party to the suit or any proceedings. Therefore, the present petition is dismissed.

sd/- 21/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

+1. C.C. to M/S.M.KUMAR Advocate SR.No.45843(F) DATED 23/08/2024

ORDER

IN CMP(MD) No.2749 of 2019 IN AS(MD) No.71 of 2014 Date :21/08/2024 SS/VR/SAR- /27/08/2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3