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Unknown vs M/S.Shobha Cloth Centre
2021 Latest Caselaw 20297 Mad

Citation : 2021 Latest Caselaw 20297 Mad
Judgement Date : 4 October, 2021

Madras High Court
Unknown vs M/S.Shobha Cloth Centre on 4 October, 2021
                                                                           O.S.A.Nos.23 & 24 of 2014
                                                                         and M.P.Nos.1, 1 & 2 of 2014

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 04.10.2021

                                                       CORAM

                       THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA
                                               and
                         THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY

                                             O.S.A.Nos.23 & 24 of 2014
                                                       and
                                              M.P.Nos.1, 1 & 2 of 2014

                  1.M/s.M.Jaichandra & Co.,
                    rep. by P.A. Holder,
                    Tarachand,
                    20, Godown Street,
                    Chennai – 600 001.

                  2.M/s.J.J.Fab, rep. by its Partner
                    G.Parsanmul Nahar,
                    No.80, Godown Street,
                    2nd Floor,
                    Chennai – 600 001.

                  3.M/s.J.J.& Co.,
                    rep. by its Partner B.Manju Nahar,
                    No.80, Godown Street,
                    2nd Floor,
                    Chennai – 600 001.

                  4.M/s.Sunder Fabrics,
                    H.U.F. Rep. by its Karta,
                    Champalal Sarda,
                    No.71, Godown Street,
                    Chennai – 600 001.

                 1/6
https://www.mhc.tn.gov.in/judis/
                                                               O.S.A.Nos.23 & 24 of 2014
                                                             and M.P.Nos.1, 1 & 2 of 2014

                  5.M/s.Adarsh,
                    rep. by its Proprietor,
                    S.Hastimal,
                    No.73 Godown Street,
                    Chennai – 600 001.

                  6.M/s.Gwalior Fabric,
                    rep. by its Partner
                    Gouthamchand,
                    No.78/5, Godown Street,
                    First Floor, Chennai – 600 001.

                  7.M/s.Goenkas,
                    a Unit of Meenakshi (India) Limited,
                    rep. by its Authorised representative,
                   K.P.Dave,
                   No.8, Godown Street,
                    2nd Floor, Chennai – 600 001.

                  8.M/s.Jinendera Textiles,
                    rep. by its Partner,
                    J.Bherulal Nahar,
                    No.80, Godown Street,
                    2nd Floor, Chennai – 600 001.

                  9.M/s.Meenakshi (India) Ltd.,
                    rep. by its Authorised Representative,
                    K.P.Dave,
                    New No.21 (Old No.8),
                    Godown Street,
                    2nd Floor, Chennai – 600 001.

                  10.M/s.Suraj Fabrics,
                    rep. by its Partner,
                    Gouthamchand,
                    No.78, Godown Street,
                    1st Floor, Chennai – 600 001.

                 2/6
https://www.mhc.tn.gov.in/judis/
                                                 O.S.A.Nos.23 & 24 of 2014
                                               and M.P.Nos.1, 1 & 2 of 2014

                  11.M/s.Manohar Cut Piece,
                    rep. by its Proprietor,
                    Omprakash Bisani,
                    No.63, Godown Street,
                    Ground Floor,
                    Chennai – 600 001.

                  12.M/s.Manish & Co.,
                    rep. by its Proprietor,
                    Gouthamchand Parmar,
                    No.83, Godown Street,
                    Chennai – 600 001.

                  13.M/s.Surendra Fabrics,
                    rep. by its Proprietor,
                    Surendra Sarda,
                    No.24, Godown Street,
                    Chennai – 600 001.

                  14.M/s.H.R.Sons,
                    rep. by its Proprietrix,
                    Kamlesh Singhvi,
                    No.74/1, Ground Floor,
                    Amex Arcade,
                    Godown Street,
                    Chennai – 600 001.

                  15.M/s.H.R.Enterprises,
                    rep. by its Proprietor,
                    Rajendra Singhvi,
                    No.74/1, Ground Floor,
                    Amex Arcade,
                    Godown Street,
                    Chennai – 600 001.




                 3/6
https://www.mhc.tn.gov.in/judis/
                                                                          O.S.A.Nos.23 & 24 of 2014
                                                                        and M.P.Nos.1, 1 & 2 of 2014

                  16.M/s.Nahar Enterprises,
                    rep. by its Partner,
                    J.Bherulal Nahar,
                    No.80, Godown Street,
                    2nd Floor, Chennai – 600 001.

                  17.M/s.CLS Textiles,
                    rep. by its Proprietrix,
                    Manju Sarda,
                    No.24, Godown Street,
                    Chennai – 600 001.               ... Appellants in both the appeals

                                                    Vs.
                  1.M/s.Shobha Cloth Centre,
                    rep. by its Managing Partner,
                    M.Shoukath Ali,
                    Shobha Corner,
                    Big Bazaar Street,
                    Coimbatore – 641 001.

                  2.M.Shoukath Ali

                  3.I.Sameena Begam

                  4.Gani Moinudeen

                  5.M/s.Shobikha Clothing Company Pvt. Ltd.,
                    rep. by its Managing Director,
                    M.Shoukath Ali,
                    Oppanakara Street,
                    Coimbatore,
                    also at 5/3282, Bank Road,
                    Calicut – 673 001,
                    Kerala State.

                  6.Zakkiria @ M.Mohammed            ... Respondents in both the appeals
                                                    ***

                 4/6
https://www.mhc.tn.gov.in/judis/
                                                                                    O.S.A.Nos.23 & 24 of 2014
                                                                                  and M.P.Nos.1, 1 & 2 of 2014

                  Prayer in both the appeals: Original Side Appeals filed under Order 36 Rule 1
                  of the Madras High Court Original Side Rules, read with Clause 15 of the
                  Letters Patent, against the judgment and decree dated 26.09.2013 passed in
                  Application Nos.2680 and 2681 of 2013 in C.S.No.838 of 2004.
                                                           ***
                            For appellants in both the appeals      : Mr.Kalyan Jabhak for
                                                                      M/s.Surana & Surana

                            For Respondents in both the appeals : Mr.Sundar Narayanan for R2

                                                                      R1, 3 to 6 – Not ready in notice


                                                COMMON JUDGMENT

                   [Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]


                             Today, these cases are listed under the caption “For Withdrawal” based

                  on the letter dated 13.08.2021 submitted by the learned counsel appearing for

                  the appellants, which is reproduced hereunder:

                                   'On behalf of the appellant, it is represented that the case has
                            been settled between the parties. In this regard we wish to inform
                            you that the above case were posted in the advanced list dated
                            28.09.2021. However the same was mentioned to the Hon'ble Court
                            to list the above case in the regular list for withdrawal.
                                   In view of the same, we request your goodselves to kindly list
                            the above OSA's for withdrawal before the Hon'ble Court at the
                            earliest'.

                 5/6
https://www.mhc.tn.gov.in/judis/
                                                                             O.S.A.Nos.23 & 24 of 2014
                                                                           and M.P.Nos.1, 1 & 2 of 2014

                                                           PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

srn

The same is recorded.

2. In view of the said letter dated 28.09.2021 given by the learned

counsel for the appellants, these Original Side Appeals are dismissed as

withdrawn. Consequently, connected M.Ps are closed. No costs.

                                                                      [P.S.N. J.]          [K.R. J.]

                                                                             04.10.2021
                  Index            : Yes/No

                  srn




O.S.A. Nos.23 & 24 of 2014 and M.P.Nos.1, 1 & 2 of 2014

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

 
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