Tamil Nadu Mercantile Bank Ltd v. M/S. K.B. Maritime Enterprises

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice S.ANANTHI CMP(MD) No.7834 of 2021 in AS(MD) No.157 of 2008 TAMIL NADU MERCANTILE BANK LTD, NO.51, EAST AVANI MOOLA STREET, MADURAI REP.BY ITS CHIEF MANAGER, MADURAI MAIN BRANCH.. ... PETITIONER/PETITIONER/APPELLANT Vs M/S.K.B.MARITIME ENTERPRISES, A PARTNERSHIP FIRM REP. BY ITS PARTNER, K.SIVANANDAN, 118, CHITHIRAKARA SREET MADURAI-1.

K.SIVANANDAN, K.SHANMUGA LAKSHMI, K.MAHESWARAN, K.RAVINDRAN, K.BALASUBRAMANIAN, INDIRA DEVI, UMA DEVI, KRISHNAVENI ... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 820 days in preferring the petition to restore the CMP(MD).No.1681 of 2017 in AS(MD).No.157 of 2008 which was dismissed for default on 15-12-2017 and pass such other further other orders as this Hon`ble Court may deem fit and proper with regard to the fact and circumstances of the case and thus render justice.

Prayer in AS(MD). 157/ 2008 :

Prefer this Memorandum of Appeal aginst the judgment and Decree passed in O.S.No.255 of 2004 on the file of the Additional District Judge cum Fast Track Court No.2, Madurai dated 07.09.2007. https://hcservices.ecourts.gov.in/hcservices/

ORDER : This 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.P.PETHU RAJESH, Advocate for the petitioner, the court made the following order:- The learned counsel appearing for the petitioner submitted that by order, dated 30.11.2021, this Court directed the petitioner to pay a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai - 625 023 on or before 22.12.2021. The said condition has been complied with and to prove the said fact, cost memo has also been filed. Hence, the Civil Miscellaneous Petition is allowed.

2.Accordingly, the order dated 15.12.2017 passed in C.M.P(MD) No.1681 of 2017 in A.S(MD)No.157 of 2008 is hereby set aside and the same is restored.

sd/- 23/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE CUM FAST TRACK COURT NO.2, MADURAI.

ORDER

IN CMP(MD) No.7834 of 2021 in AS(MD) No.157 of 2008 Date :23/12/2021 RS/JC/SAR.4 (31.12.2021) 2P-2C https://hcservices.ecourts.gov.in/hcservices/