Madras High Court
The Syndicate Bank vs N. Rajendran on 22 April, 2022
C.M.A.No.2772 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22/4/2022
CORAM
THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
C.M.A.No.2772 of 2012
and
M.P.No.1 of 2012
The Syndicate Bank
No.332 Arcot Road
Kodambakkam
Chennai 600 024. ... Petitioner
Vs
1. N. Rajendran
2. M/s. Balaji Breeding Research Farms
3. Dr.M.Ramamurthy
4. C.S.Ananthalakshmi
5. R. Pushpa
6. M. Venkatapathy
7. Sai Raguram ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.No.2772 of 2012
Prayer: Civil Miscellaneous Appeal filed under Order 41 Rule 1 of C.P.C., to set
aside the order dated 13/3/2012 made in I.A.No.57 of 2012 in O.S.No.13666 of
2010 on the file of the Additional District & Sessions Judge, Fast Track Court V,
Chennai.
For appellant ... M/s.Sampathkumar & Associates
(No instructions)
For respondents ... Mr.S.N.Amarnath
for R.1
For R.R.2, 4 to 7 -
No such persons
R.3 - died
-----
JUDGMENT
The appellant has preferred this Civil Miscellaneous Appeal, challenging the
award, dated 11/3/2003, passed by the Principal Sub-Judge, Tindivanam (Motor
Accident Claims Tribunal, Tindivanam), made in MCOP No.362 of 1999.
2. Today, when the matter is taken up for hearing, learned counsel
appearing for the appellant submitted that parties have taken the bundle.
Appellant has not taken any steps to engage another counsel. The matter pertains
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C.M.A.No.2772 of 2012
to the year 2011. There is no representation on behalf of the appellant. Hence
this Court is of the view that the appellant is not interested in pursuing the matter
anymore.
3. Accordingly, this Civil Miscellaneous Appeal is dismissed for non-
prosecution. No costs. Consequently, the connected Miscellaneous Petition is
closed.
22/4/2022
CMA.No.2772 of 2012
and M.P.No.1 of 2012
---
J.NISHA BANU, J.
This matter is listed today under the caption “being mentioned” at the
instance of the learned counsel for the appellant.
2. It is pointed out by the learned counsel for the appellant that some error
had occurred in the order dated 22.04.2022.
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C.M.A.No.2772 of 2012
3. This court perused the order copy and found that there is an error crept in
inadvertently. Taking note of the same, now the order stands corrected and the
corrected order reads as follows:-
“ This Civil Miscellaneous Appeal is filed by the appellant/7th
defendant in O.S.No.13666 of 2010 as against the order dated
13.03.2012 passed in I.A.No.57/2012 in O.S.No.13666 of 2010.
2. The docket orders in the case bundle would indicate that
there was no representation for the appellant/7th defendant before
this court on many occasions i.e., on 10.12.2019, 03.02.2021,
19.02.2021, 25.02.2021 and 23.03.2021. It has been represented by
the counsel on record that entire case bundle has been returned to
the appellant/Syndicate Bank and reported “no instructions”.
3. It transpires that the appellant/7th defendant has not taken
any steps to engage other counsel to pursue the matter. This CMA is
of the year 2012. The order impugned is dated 13.03.2012 passed
in I.A.No.57 of 2012 in O.S.No.13666 of 2010. Since there is no
representation on behalf of the appellant, this court is of the view
that the appellant is not interested in pursuing the matter any more.
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C.M.A.No.2772 of 2012
Accordingly, this Civil Miscellaneous Appeal is dismissed for non-
prosecution. Interim stay stands vacated. No costs. “
4. Registry is directed to issue fresh order copy forthwith.
nvsri 01.07.2022
Note:Issue order copy on or before 06/07/2022.
To
The Additional District & Sessions Judge, Fast Track Court V, Chennai.
J.NISHA BANU, J
mvs.
https://www.mhc.tn.gov.in/judis
C.M.A.No.2772 of 2012
C.M.A.No.2772 of 2012
22/4/2022
01.07.2022(fresh order)
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