Madras High CourtCMP(MD)/9771/2023ordered

The Superintending Engineer v. M/S.Ramanathan And Co.,

2023-10-31Honourable Mr Justice P.B. Balaji3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirty First day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.B. BALAJI CMP(MD). No.9771 of 2023 in C.R.P.(NPD)(MD)No.562 of 2007 The Superintending Engineer, National Highways, 2nd Circle, Madurai.

... Petitioner/Petitioner Vs 1 M/s.Ramanathan and Co., Rep by its Managing Director R. Panneer Selvam No. 2 Nadu Udayar Street Melakalkandar Kottai Trichy.

2 The District Collector, Dindigul District Dindigul.

3 The Public Works Department, St. George Fort, Chennai.

... Respondents/Respondents Prayer :- This Petition filed under Order Rule 9 of C.P.C., to restore the CRP(NPD). (MD).No. 562/2007 dated 04.08.2017 and thus render justice. Prayer in C.R.P.(NPD)(MD)No.562 of 2007:- Civil Revision Petition is filed under Section 115 of Code of Civil Procedure Code, to set aside the order dated 15.11.2006 made in I.A.No.5/2006 in O.S.No.308/2004 on the file of the Fast Track Court, Dindigul.

ORDER:- This Petition 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. A. Baskaran, Spl. Govt. Pleader, for the Petitioner and the 1st respondent not appearing either in person or by Advocate this Court made the following order: This Civil Miscellaneous Petition is filed by the Superintending Engineer, National Highways seeking restoration of the Civil Revision Petition, which was dismissed for non-prosecution on 04.08.2017.

2. The affidavit in support of the said application is perused and the reasons stated therein are found to be satisfactory.

3. The delay in filing the application has already been condoned by the order of this Court, dated 20.07.2023. The present application is only the consequential application to restore the Civil Revision Petition. Contesting third respondent has been served and the name also printed in the cause list, there is no appearance.

4. Being satisfied with the reasons set out in the affidavit, this application is allowed and the Civil Revision Petition stands restored to file. Sd/- Assistant Registrar(CS- II) // True Copy // /11/2023 Sub Assistant Registrar(CS) SB

1. The Additional District and Sessions Judge, Fast Track Court, Dindigul.

2. The District Collector, Dindigul District Dindigul.

3. The Public Works Department, St. George Fort, Chennai.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 31/10/2023 ==========================

ORDER

========================== CMP(MD). No.9771 of 2023 in C.R.P.(NPD)(MD)No.562 of 2007 SI (07.11.2023) 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.