Madras High CourtCMP(MD)/49/2018ordered

The Tamil Nadu Mercantile v. S.P. Ponnusamy Nadar & Co,

2021-02-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.49 of 2018 IN CRP(MD) No.SR27740 of 2017 THE TAMILNAD MERCANTILE BANK LTD., VENKADAMPATTY, TENKASI TALUK, TIRUNELVELI DISTRICT. ... PETITIONER/PETITIONER Vs 1 S.P. PONNUSAMY NADAR & CO, THROUGH ITS MANAGING PARTNER 2 SELVARAJ 3 S.P.RAJENDRAN 4 THENAMMAL 5 SHIBA 6 P.ARULSELVI 7 PUSHPA 8 PRABA 9 RATHNAVATHIAMMAL 10 RAJESWARI ... 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 181 days in preferring the revision. Prayer in CRP(MD) No.SR27740 of 2017:

To set aside the order dated 09.09.2016 made in I.A.No.1160 of 2015 in O.S.No.145 of 2005 on the file of the District Munsif Court, Ambasamudram.

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 Mr.A.R.M.RAMESH, Advocate for the petitioner and the respondents 2,3,6, 8 to 10 are not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 181 days in filing the above Civil Revision Petition.

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2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1000/- (Rupees one thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the revision, if it is otherwise in order and list the same "for admission".

sd/- 01/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 THE DISTRICT MUNSIF, AMBASAMUDRAM.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to Mr.A.R.M.RAMESH, Advocate ( SR-600[I] dated 02/02/2021 )

ORDER

IN CMP(MD) No.49 of 2018 IN CRP(MD) No.SR27740 of 2017 Date :01/02/2021 MSA TE/SMA/SAR-III : 04/02/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/