M/S. Dolphine Chemicals vs M/S. Acsa Chimica Sri
2021 Latest Caselaw 20899 Mad

                                                                                 C.M.A.No.1157 of 2016

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 20.10.2021

                                                           CORAM:

                                   THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                C.M.A. No. 1157 of 2016 and
                                                  C.M.P. No. 14496 of 2016

                     M/s. Dolphine Chemicals,
                     Represented by its Proprietor
                     Mr.G.Ravichandran.
                                                                                        ... Appellant
                                                              Vs
                     M/s. ACSA Chimica Sri,
                     At VIA Pasteur, 3, Sedriano (Milan) Italy – 20018.
                     Represented by it Authorized Power Agent
                     Mr. Vadivel Saravanan.                                           ... Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil
                     Procedure Code, 1908, to set aside the Order and Decreetal Order passed in
                     I.A. No. 143 of 2015 in O.S. No.2479 of 2013 dated 22.03.2016 by the
                     learned XV Additional City Civil Court, Chennai.


                                       For Appellant               : Mr. V. R. Appaswamee
                                      For Respondent               : No Appearance




                     1/8



https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.1157 of 2016


                                                     JUDGMENT

This appeal has been filed by the defendant in the suit O.S. No.

2479 of 2013 on the file of the XV Additional City Civil Court, Chennai.

2. The suit was filed by the respondent against the

appellant/defendant, seeking for recovery of a sum of Rs.19,43,673/-

(Rupees Nineteen Lakhs Forty Three Thousand Six Hundred and Seventy

Three only) for the value of the supplies together with interest and costs.

The said suit came to be decreed exparte by the trial court on 16.06.2013.

Aggrieved by the same, the Appellant/defendant filed an interlocutory

application I.A.No.143 of 2015 under Order 9 Rule 13 CPC to set aside the

exparte decree dated 16.06.2013. By order dated 22.03.2016, the learned

XV Additional City Civil Court, Chennai has dismissed the application I.A.

No. 143 of 2015 in O.S. No. 2479 of 2013. Aggrieved by the same, this

appeal has been filed by the Appellant/defendant.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

3. The trial court while dismissing the application I.A. No.143

of 2015 filed by the appellant/defendant has given the following reasons:

a) The trial court while decreeing the suit exparte in

favour of the respondent against the appellant has

framed the points for consideration and only after

detailed discussion has decreed the suit.

b) The appellant/defendant has been watching the

proceedings and only after filing of two transmit

execution petitions by the respondent/plaintiff has

filed I.A. No.143 of 2015 under Order 9 Rule 13

CPC seeking to set aside the exparte decree.

c) The appellant/defendant has not filed any

medical certificate to prove the illness of the wife

of the appellant Mr. G. Ravichandran.

d) The appellant/defendant has approached the

Court with unclean hands.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

4. Heard Mr.V.R.Appaswamee, learned counsel for the

Appellant. There is no representation on the side of the respondent, though

the respondent has been duly served and the name of the respondent is also

printed in the cause list today.

5. Admittedly, the application filed under Order 9 Rule 13 CPC

in I.A. No. 143 of 2015 has been filed within the prescribed period and there

is no delay. However, being a money decree, the appellant/defendant should

be put on terms, since admittedly, the execution petitions have been filed by

the respondent/plaintiff to execute the exparte decree dated 16.06.2013,

passed in their favour. Further, the application filed under Order 9 Rule 13

CPC by the appellant has been accompanied with the written statement of

the appellant/plaintiff. The trial court ought to have considered all these

factors and ought to have allowed the application on terms instead of

dismissing the same.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

6. This Court is of the considered view that the

appellant/defendant will have to be put on terms for allowing this appeal,

since the decree obtained by the respondent is a money decree and the said

decree has been obtained for the alleged value of the supplies made by the

defendant to the plaintiff.

7. After giving due consideration to the aforementioned factors,

this Court is inclined to allow this appeal, subject to the condition that the

appellant/defendant deposits a sum of Rs.10,00,000/- (Rupees Ten Lakhs

only) to the credit of the suit O.S. No. 2479 of 2013 within a period of six

weeks from the date of receipt of a copy of this Order.

8. Accordingly, this appeal is allowed on condition that the

appellant deposits a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the

credit of O.S. No. 2479 of 2013 on the file of the XV Additional City Civil

Court, Chennai within a period of six weeks from the date of receipt of a

copy of this Judgment, failing which, the appeal shall stand automatically

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

dismissed. No Costs. Consequently the connected miscellaneous petition is

closed.

20.10.2021 Index:Yes/No Speaking Order: Yes/No rgi/nl

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

To

1. XV Additional City Civil Court, Chennai.

2. The Section Officer, V.R.Section, High Court, Madras - 104.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1157 of 2016

ABDUL QUDDHOSE.,J rgi

C.M.A. No. 1157 of 2016 and C.M.P. No. 14496 of 2016

20.10.2021

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