State Bank Of Hyderabad vs H.V.Viswasvaran
2021 Latest Caselaw 11987 Mad

                                                                                   S.A.No.74 of 2008

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED :     18.06.2021

                                                       CORAM

                                     THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                                  S.A.No.74 of 2008

                     State Bank of Hyderabad,
                     Indira Nagar Branch,
                     rep. by its Manager,
                     Adyar,
                     Chennai - 600 020.                   ...Plaintiff/Appellant/Appellant

                                                        Vs.

                     H.V.Janaki Ammal (deceased)
                     proprietrix M/s.Warren Plastics

                     1.H.V.Viswasvaran
                     2.M.G.Radhakrishnan
                     3.V. Hariharan
                     4.M. Nagalakshmi                     ...Defendants 2 to 5/Respondents
                                                             /Respondents

                     PRAYER: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 14.03.2007 in A.S.No.54
                     of 2006 passed by the learned Additional District and Sessions Judge, Fast
                     Track Court No.V, Chennai, confirming the Judgment and Decree passed by
                     the learned XVII Assistant Judge, City Civil Court, Chennai dated
                     27.06.2005 passed in O.S.No.6424 of 1997.



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https://www.mhc.tn.gov.in/judis/
                                                                                        S.A.No.74 of 2008

                               For Appellant     :      Mr.M. Arunkumar
                                                        for M/s.Sampath Kumar Associates

                               For Respondents :        Proof of paper publication not file
                                                        regarding R1 to R4.

                                                       JUDGMENT

On perusal of the records, it would reveal that by orders of this Court dated

29.01.2019, the appellant herein was directed to take Substituted Service.

However, though the substituted Service was ordered, the proof of paper

publication was not effected since the paper publication has not taken by the

appellant.

When the matter came up on 26.04.2021 the appellant sought time for taking

fresh paper publication and the request was also granted. However, Substituted

Service which was ordered as early as on 29.01.2021 has not been taken on the

respondents. Therefore, it appears that the appellant is not keen in proceeding with

the appeal. Hence, the Second Appeal is dismissed for default as notice to the

respondents has not been effected todate. No costs.

                                                                                                    18.06.2021

                     Index           : Yes/No
                     Internet        : Yes/No
                     mps

https://www.mhc.tn.gov.in/judis/ S.A.No.74 of 2008

To

1.The Additional District and Sessions Judge, Fast Track Court No.V, Chennai.

2.The XVII Assistant Judge, City Civil Court, Chennai.

https://www.mhc.tn.gov.in/judis/ S.A.No.74 of 2008

P.T. ASHA, J,

mps

S.A.No.74 of 2008

18.06.2021

https://www.mhc.tn.gov.in/judis/