Madras High CourtCMP(MD)/6478/2024ordered

Lakshmi Priya Nagendran, v. Hotel Ornate(Nilgiry) Private Limited,

2024-04-30Honourable Mr Justice P.D.Audikesavalu6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.D.AUDIKESAVALU CMP(MD). Nos.6478,6480, 6481 & 6483 of 2024 in TR CMP(MD) No.332 OF 2023 and CRP(MD) Nos.1285, 1345 and 1346 of 2023 CMP(MD). No.6478 of 2024 in Tr.CMP(MD) No.332 of 2023 ..Petitioner /4th Respondent/4th Respondent Hotel Ornate(Nilgiry) Private Limited Represented by its Authorised Signatory M.Srinivasan ..1st Respondent/Petitioner/Appellant The Manager State Bank of Travangore Main Branch Chennai.

Income Tax Department RespondentS 2 to 6/Respondents 1to 3 & 5/ Respondents 1to 3 & 5 CMP(MD). No.6480 of 2024 in CRP(MD) No.1345 of 2023 Petitioner /4th Respondent/4th Respondent/ 4th Plaintiff Hotel Ornate (Nilgiry) Private Limited Represented by its Power Agent/Authorised Signatory M.Srinivasan 1st Respondent/Petitioner/Petitioner/ 1st Defendant Respondents 2 to 4/Respondents 1 to 3/ Plaintiffs 1 to 3 CMP(MD). No.6481 of 2024 in CRP(MD) No.1346 of 2023 Petitioner /4th Respondent/4th Respondent/ 4th Plaintiff M/s Trans India Resorts Ltd., Represented by its Chairmant R. Marimuthu 1st Respondent/Petitioner/Petitioner/ Proposed to implead as 3rd Party

Respondents 2 to 4/Respondents 1 to 3/ Respondents 1 to 3/Plaintiffs 1 to 3 Hotel Ornate(Nilgiry) Private Limited No.310, Veerasavarkar Marg, Dadar, Mumbai represented by its Managing Director Signatory M.Srinivasan.

The Manager, State Bank of Travangore Main Branch, Chennai. The Recovery Officer, Income Tax Department Respondents 5 to 7/Respondents 5 to 7/ Respondents 5 to 7/Defendants CMP(MD). No.6483 of 2024 in CRP(MD) No.1285 of 2023 Petitioner /4th Respondent/4th Plaintiff Hotel Ornate(Nilgiry) Private Limited Represented by its Power Agent /Authorised Signatory Srinivasan 1st Respondent/Petitioner/1st Defendant Respondents 2 to 4/Respondents 1 to 3/ Plaintiffs 1 to 3 The Manager State Bank of Travangore Main Branch Chennai.

Income Tax Department Respondents 5 & 6/Respondents 5 & 6/ Defendants Common Prayer in CMP(MD). Nos.6478,6480, 6481 & 6483 of 2024:- This Civil Miscellaneous Petitioins are filed under section 151 of C.P.C. Parying this Court to extend the time granted by this Honourable Court for payment of the cost payable to the Legal Services Authority attached to this Honourable Court in the common order in Tr.C.M.P.(MD) No.332 of 2023 and C.R.P.No.1285, 1345 and 1346 of 2023 dated 20.02.2024 of Rs.10,000/- alone in common without prejudice to the petitioners contentions in Special Leave Petition before the Honourable Supreme court of India and pass such further order or other orders as this Honourable Court may deem fit and proper in the case. Prayer in Tr CMP (MD) No,.332 of 2023:- Transfer Civil Miscellaneous Appeal filed under Section 24 of Civil Procedure Code, to pass an order to withdraw the case in AS No. 18 of 2023 from Honourable Sub Court, Palani, Dindigul District and transfer the same to the any other court Prayer in CRP(MD). 1345/ 2023 :

Civil Revision Petition filed under Article 227 of The Constitution of India to allow the Civil Revision Petition by setting aside the fair and decreetal order dated 26.04.2022 passed in I.A. No. 134 of 2014 in O.S. No. 58 of 2010, on the file of the District Munsif Cum Judicial Magistrate Court No. I, Kodaikanal Prayer in CRP(MD). 1346/ 2023 :

Civil Revision Petition filed under Article 227 of The Constitution of India to allow the Civil Revision Petition by setting aside the fair and decreetal order passed in I.A. No. unnumbered of 2023 in O.S. No. 58 of 2010, on the file of the District Munsif Cum Judicial Magistrate Court No. I, Kodaikanal dated 23.03.2023

Prayer in CRP(MD). 1285/ 2023 :

ivil Revision Petition filed under Article 227 of Constitution of India, to allow this civil revision petition by setting aside the exparte order passed in O.S.No. 58 of 2010 on the file of the District Munsif Cum Judicial Magistrate Court No.1 Kodaikanal on 20.03.2023 ,Prayer is amended vide court order dated 25.09.2023 ORDER:- This Civil Miscellaneous Petitioins are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Kannan, Advocate for the Petitioner and of Mr.R. Harinath, Advocate for the respondents, this Court made the following order:

"Accepting the reasons stated in the supporting affidavit, the Civil Miscellaneous Petitions seeking extension of time to comply with the final order dated 20.02.2024 passed by this Court, are ordered and time is extended till today viz, 30.04.2024 for compliance"

Sd/- Assistant Registrar(CS II) // True Copy // /05/2024 Sub Assistant Registrar (CS- I/ II / III / IV)

TO Income Tax Department Madurai.

Copy to:

1. The Subordinate Judge, Sub Court, Palani, Dindigul District.

2. The District Munsif Cum Judicial Magistrate No. I, Kodaikanal

3. The Officer in Charge, Legal Service Authority, Madurai Bench.

4. The Section Officer, Judicial Section, Madurai Bench. ORDER DATED : 30/04/2024 ========================== Extension of Time ========================== CMP(MD). Nos.6478,6480, 6481 & in TR CMP(MD) No.332 OF 2023 and CRP(MD) Nos.1345, 1346 & Giving direction and etc.

as stated within.

MGJ(20.05.2024) 6P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023