Madras High CourtCRP(MD)/963/2020allowed

Abu Traders, v. Shri Krishna Departmental Store

2020-12-07Honourable Mr Justice N. Seshasayee2 pages

CRP (MD)No.963 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.12.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P(MD) No.963 of 2020 Abu Traders Rep by its Proprietor Abuthageer, S/o.Abdul Gaffur, No.91, Thanjavur Road, Tiruchirappalli-620 008.

... Petitioner/Plaintiff Vs.

1.Shri Krishna Departmental Store, Rep.by its Proprietor, Nathan and Sathasivam, Sons of Pal Durai, No.140/1,Sri Krishna Departmental, Store Super Market, Kanagaraja Ganapathi Street, Ponnampettai, Salem-636 001.

2.Nathan Rice Trader, Rep.by its Proprietor, Nathan and Sathasivam, Sons of Pal Durai, No.140/1,Sri Krishna Departmental, Store Super Market, Kanagaraja Ganapathi Street, Ponnampettai, Salem-636 001.

... Respondents/Defendants PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the lower Court to dispose the suit in O.S.No.36 of 2019 on the file of the Principal District Judge's Court, Tiruchirappalli as per Rule 1 of Order 8 of C.P.C., within the time frame fixed by this Court.

For Petitioner : Mr.M.Saravanan

O R D E R

The revision petitioner is the plaintiff in O.S.No.36 of 2019 on the file of the Principal District Court, Tiruchirappalli, which is a designated commercial Court. The present petition has been filed seeking speedy disposal of O.S.No.36 of 2019.

2. The learned counsel for the petitioner submitted that as per the Commercial Courts Act, written statement has to be filed within 120 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP (MD)No.963 of 2020 days and the said time is not enlargeable in terms of the ratio laid down by the Hon'ble Supreme Court.

3. Heard the learned counsel for the revision petitioner.

4. On perusing the records, this Court is inclined to issue a direction for expeditious disposal. Accordingly, this Court directs the Principal District Court to dispose of the suit in O.S.No.36 of 2019 within a period of three months at any rate not later than 31.03.2021.

5.With the above direction, this petition is allowed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) ta To 1.The Principal District Judge, Tiruchirappalli 2.The V.R.Section, Madurai Bench of Madras High Court, Madurai.(2C) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-24163[F] dated 07/12/2020 ) C.R.P(MD)No.963 of 2020 07.12.2020 SJ(CO) AP(09/12/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2