M/S.Vigesh Leather Company vs Jamallur Razack
2021 Latest Caselaw 2316 Mad

                                                                           S.A.No.1357 of 2001

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.02.2021

                                                      CORAM:

                           THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                S.A.No.1357 of 2001
                 M/s.Vigesh Leather Company
                 Rep. By its Managing Partner
                 C.Muthuselvan                                        ... Appellant
                                                        Vs.

                 1.Jamallur Razack

                 2.Superintending Engineer (South)
                   Trichy, Tamil Nadu Electricity System (TNEB)
                   Mannarpuram, Tiruchirappalli – 20.

                 3.The Executive Engineer (East)
                   Tamil Nadu Electricity Board
                   Mannarpuram, Tiruchirappalli – 20.

                 4.The Assistant Executive Engineer
                   (Operation & Maintenance)
                   Tamil Nadu Electricity Board
                   Mannarpuram, Tiruchy – 20.

                 5.The Assistant Engineer (O & M)
                   Tamil Nadu Electricity Board
                   Subramaniapuram, Tiruchy 20.

                 6.Tamil Nadu Industrial Investment Corporation
                   Rep. By its Branch Manager, Tiruchy – 626 001.

                 7.Tamil Nadu Electricity Board by its
                   Chairman, K.K.R.Maligai, Anna Salai
                   Chennai – 600 002.

                 1/4
http://www.judis.nic.in
                                                                                           S.A.No.1357 of 2001

                 8.Chief Engineer, Distribution by TNEB
                   Tennur, Tiruchirappalli – 620 017.                                   ... Respondents


                 PRAYER: Second Appeal filed under Section 100 of Civil Procedure Code,
                 against the judgment and decree of the Court of the I Addl. Subordinate Judge,
                 Tiruchirappalli, dated 27.06.2001, made in A.S.No.11 of 1999 confirming the
                 judgment and decree of the Court of the Principal District Munsif, Tiruchirappalli,
                 dated 27.11.1998 made in O.S.No.1588 of 1996.


                                    For Appellant        : No Appearance
                                    For Respondents : No Appearance


                                                    JUDGMENT

When the matter came up for hearing, there is no representation for the

appellant as well as the respondents. However, on perusal of the case papers, it is

found that the appellant's counsel has filed a memo as early as on 11.04.2009,

which reads as follows:

'Memo filed on behalf of the Appellant The above named appellant states as follows: Since the subject matter in the above Second Appeal was settled between parties out of Court, the appellant is not willing to proceed the appeal further. Therefore, it is prayed this Hon'ble Court may be pleased to dismiss the above appeal as withdrawn.

(copy of the letter of the appellant addressed to their counsel is enclosed herewith)

http://www.judis.nic.in S.A.No.1357 of 2001

Dated at Chennai at this 11th day of April 2009.

(sd/-) Counsel for the appellant.'

2. Taking note of the aforesaid memo dated 11.04.2009, this Second

Appeal is dismissed as withdrawn. No costs.

02.02.2021 Index : Yes/No Internet : Yes/No

vsm

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

1.The I Addl. Subordinate Judge, Tiruchirappalli.

2.The Principal District Munsif, Tiruchirappalli.

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

http://www.judis.nic.in S.A.No.1357 of 2001

N.SATHISH KUMAR, J.

vsm

S.A.No.1357 of 2001

02.02.2021

http://www.judis.nic.in