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Madras High CourtCRP(MD)/1325/2015dismissed for nonprosecution

M/S. L&T Finance Ltd., v. R.Kumaran,

2020-09-28Honourable Mr Justice S.S. Sundar2 pages

C.R.P.(MD)No.1325 of 2015:- BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P.(NPD)(MD)Nos.1325 and 1326 of 2015 C.R.P.(MD)No.1325 of 2015:- M/s.L&T Finance Limited, represented by its Authorized Signatory, A.Murali.

: Petitioner .. Vs ..

1.R.Kumaran 2.R.Ramasamy 3.M.Nadarajan.

: Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the returned order, dated 20.04.2015 in Arbitration O.P.SR.No.457/17.04.2015 and to direct the learned Principal District Judge, Tiruchirapalli to take the Arbitration O.P. presented by the petitioner on file. For Petitioner :No Appearance For Respondents :No Appearance C.R.P.(MD)No.1326 of 2015:- M/s.L&T Finance Limited, represented by its Authorized Signatory, A.Murali.

: Petitioner .. Vs ..

1.K.Bose 2.B.Parthibhan : Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the returned order, dated 20.04.2015 in Arbitration O.P.SR.No.455/17.04.2015 and to direct the learned Principal District Judge, Tiruchirapalli to take the Arbitration O.P. presented by the petitioner on file. For Petitioner :No Appearance For Respondents :No Appearance COMMON ORDER When the matter appeared in the list on 27.08.2020, the learned Counsel for the petitioner circulated a letter along with https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.1325 of 2015:- the memo, stating that he has no instructions to prosecute the above revision petitions. Taking that the petitioner's Counsel reported no instructions, this Court directed the Registry to issue notice to the petitioner returnable in three weeks. The petitioner in both cases is one and the same and therefore, notice was issued to the petitioner in C.R.P.(MD)No.1325 of 2015. Notice sent to the petitioner was served on the petitioner and this Court has also received the acknowledgement. Though the names of the petitioner and learned Counsel for the respondents in both cases are printed in the cause list, there is representation for the petitioner or respondents or no one is connected to the video conference to represent the petitioner or respondents or their Counsels.

2.In the above circumstances, non appearance of the petitioner is taken as wilful and this Court is not inclined to adjourn the matter, as it will be a futile exercise. The petitioner's absence cannot be justified for any valid reasons. Hence, these Civil Revision Petitions are dismissed for non-prosecution. No costs. Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) cmr To 1.The Principal District Judge, Tiruchirapalli. 2.The Section Officer-2 copies V.R.Section, Madurai Bench of Madras High Court, Madurai.

C.R.P.(NPD)(MD)Nos.1325 and 1326 of 2015 28.09.2020 AC(CO) KM (05.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2