Madras High CourtSA(MD)/4/2021dismissed for default

M/S.Leithen Shiram Manufacturing Ltd., v. Esakki Mudaliar

2024-08-02Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2024 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and C.M.P(MD)Nos. 20 and 23 of 2021 1.M/s.Leither Shriram Manufacturing Ltd., Chennai -31.

through its Managing Director, having their registered office at No.5, T.V.Street, Chetpet.

2.Shri Varalakshmi Sago Foods Private Limited, represented by its Authorized Signatory, R.Sundaram, " Shri Varalakshmi Divyaa Tower "

320, Vivekananda Street, New Fairlands, Salem-636 016.

2nd Appellant is impleaded vide Court order dated 22.09.2023 ... Appellants Vs 1.Esakki Mudaliar 2.Tamilnadu Power Generation and Distribution Corporation, Annasalai, Through its Chairman 1/4

3. Tamilnadu Power Generation and Distribution Corporation, Windmill Power Farm Development Projects, Thiagaraja Nagar, Palayamkottai Taluk, Tirunelveli District.

through its Superintending Engineer

4. Tamilnadu Power Generation and Distribution Corporation, Windmill Power Farm Development Projects, Thiagaraja Nagar, Palayamkottai Taluk, Tirunelveli District.

through its Executive Engineer ... Respondents Prayer : Second Appeal is filed under Section 100 of C.P.C., to set aside the decree and judgment passed in A.S.No.3 of 2015 dated 04.10.2019 on the file of the Principal Sub Court, Tenkasi as against the judgment and decree passed in O.S.No.55 of 2012 dated 15.10.2014 on the file of the Additional District Munsif, Tenkasi.

For 1st Appellant : No appearance For 2nd Appellant : Mr.V.S.Kumaraguru For R1 : Mr.A.Sivaji For R2 and R5 : No appearance For R3 and R4 : Mr.B.Ramanathan 2/4

ORDER

On 23.07.2024, it was observed that inspite of repeated adjournments, learned counsel on record for the appellants were not ready to argue the matter since they wants to engage a Senior Counsel. It is further observed that if the appellants will not ready to argue the matter today(02.08.2024), the matter will be dismissed for non prosecution. Even today, learned counsel for the first appellant is not present. Therefore, no purpose is going to be served in keeping this appeal pending any further.

2. Accordingly, this Second Appeal is dismissed for default. No costs. Consequently, connected miscellaneous petitions stand closed. 02.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No pnn 3/4

G.ILANGOVAN, J.

pnn To

1. The Principal Sub Court, Tenkasi.

2. The Additional District Munsif, Tenkasi.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN and C.M.P(MD)Nos. 20 and 23 of 2021 02.08.2024 4/4