Kennedy Industrial School vs The Deputy Commercial Tax Officer
2021 Latest Caselaw 14772 Mad

                                                                           S.A.No.438 of 2014

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 23.07.2021

                                                   CORAM

                                   THE HON'BLE MR.JUSTICE C.SARAVANAN

                                             S.A.No.438 of 2014

                                         (Through Video Conferencing)

                 Kennedy Industrial School,
                 Rep by its Principal N.Krishnamurthy,
                 S/0.Nagappa Mudaliar,
                 No.53 & 53-A, R.S.Road, Sedhukkarai,
                 Gudiyatham, Vellore District.                          ... Appellant

                                                     Vs.

                 1.The Deputy Commercial Tax Officer,
                   Gudiyatham (East), Gudiyatham, Vellore District.

                 2.The Recovery Officer,
                   Debt Recovery Tribunal – I,
                   No.770, Spencer Towers, Mount Road,
                  Chennai – 2.

                 3.Tamilaga Recognised Private Industrial I.T.C
                   Welfare Association rep by its Secretary,
                   No.55, Old No.19, Ekambaram St,
                   Korukkupet, Chennai – 600 021.                       ... Respondents
                 (Respondents 2 & 3 are not necessary parties and
                  also remained ex-parte before the Courts below,
                  hence notice may be dispensed with)




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                                                                             S.A.No.438 of 2014



                        Second Appeal filed under Section 100 of C.P.C., against          the
                 Judgment and Decree in A.S.No.372 of 2011 dated 20.09.2012 on            the
                 file of Ist Additional Judge, City Civil Court, Chennai confirming       the
                 decree and judgment in O.S.No.2279 of 2008 dated 16.04.2010 on           the
                 file of IIIrd Assistant Judge, City Civil Court, Chennai.

                                   For Appellant   : Mr.S.Kamadevan
                                   For Respondents : No appearance for R1
                                                     R2 and R3 Ex-parte


                                                JUDGMENT

The learned counsel for the appellant submits that the remedy

sought for in the suit in O.S.No.2279 of 2008 has been granted to the

appellant by this Court in W.P.No.23281 of 2013 vide order dated

02.07.2021.

2.Recording the submissions made by the learned counsel for the

appellant, this second appeal is dismissed as infructuous. No costs.

23.07.2021

jas Internet : Yes / No Index : Yes/No Speaking Order/Non-speaking Order

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To:

1.The Deputy Commercial Tax Officer, Gudiyatham (East), Gudiyatham, Vellore District.

2.The Recovery Officer, Debt Recovery Tribunal – I, No.770, Spencer Towers, Mount Road, Chennai – 2.

3.Tamilaga Recognised Private Industrial I.T.C Welfare Association rep by its Secretary, No.55, Old No.19, Ekambaram St, Korukkupet, Chennai – 600 021.

4.The learned II Additional Subordinate Judge, Salem.

5.The Principal District Munsif Court, Salem.

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C.SARAVANAN, J.

jas

S.A.No.438 of 2014

23.07.2021

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