Shaul Hameed vs Sri.Kalpataru Investments ...
2022 Latest Caselaw 16340 Mad

                                                                                  A.S.(MD)No.75 of 2012

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 13.10.2022

                                                        CORAM

                                    THE HON'BLE MRS JUSTICE J. NISHA BANU
                                                     AND
                                  THE HON'BLE MR JUSTICE N. ANAND VENKATESH

                                                 A.S.(MD)No.75 of 2012

                     Shaul Hameed                                  ... Appellant/1st Defendant

                                                           /Vs./

                     1.Sri.Kalpataru Investments Private
                       Limited, Rajapalayam,
                       Represented by its
                       Managing Director,
                       Mrs.S.Balaramraja,
                       S/o.S.L.Sankar Raja
                       Door No.18, Vachavari Steeet,
                       Rajapalayam,
                       Virudhunagar District.                      ... Respondent/ Plaintiff

                     2.Mrs.M.Syed Ammal                            ... Respondent/2nd defendant

                     PRAYER:         Appeal - filed under Section 96 r/w Order 42 Rule 1 of the
                     Code of Civil Procedure, to set aside the decree and judgment dated
                     08.08.2011 passed in O.S.No.67 of 2004 on the file of Additional District
                     Sessions Court, Tirunelveli cum Fast Track Court No.1, Tirunelveli by
                     allowing this appeal with costs.



                     Page 1 of 4



https://www.mhc.tn.gov.in/judis
                                                                                      A.S.(MD)No.75 of 2012

                                          For Appellant     : K.Gugan, for
                                                              M/s.V.Muthukamatchi
                                          For R1            : Mr.G.Prabhu Rajadurai
                                          For R2            : No appearance

                                                           JUDGMENT

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

When the appeal came up for hearing on 22.09.2022, this Court

passed the following order:

“The learned counsel appearing on either side sought time.

2.The learned counsel for the first respondent submitted that the earlier communication that was sent to the first respondent was returned with an endorsement left. The learned counsel therefore, sought for some time.

3.Post this appeal on 29.09.2022”.

2.Even when the matter was taken up for hearing today, it is brought

to our notice that the plaintiff company is no more in existence and the

learned counsel for the appellant had also attempted to ascertain about the

existence of the plaintiff company and he is not getting proper instructions.

https://www.mhc.tn.gov.in/judis A.S.(MD)No.75 of 2012

3.In view of the above development, the appeal itself became stale

and no useful purpose would be served in keeping the appeal pending.

4.In view of the above, this appeal is closed and if incase any

information is received by the appellant about the revival of the company,

necessary application shall be filed to restore this appeal. No costs.

                                                                     (J.N.B.,J.) (N.A.V.,J.)
                                                                            13.10.2022
                     Index             : Yes/No
                     Internet          : Yes
                     Ns

                     To:

1.The Additional District Sessions Court, Tirunelveli cum Fast Track Court No.1, Tirunelveli.

https://www.mhc.tn.gov.in/judis A.S.(MD)No.75 of 2012

J. NISHA BANU,J.

and N. ANAND VENKATESH,J.

Ns

Judgment made in A.S.(MD)No.75 of 2012

Dated 13.10.2022

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