M/S.Nathan Foundation (P) Ltd vs A.Balasubramaniyam
2023 Latest Caselaw 4707 Mad

                                                                                   O.S.A.No.52 of 2015

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 24.04.2023

                                                          CORAM :

                                     THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                            AND
                                      THE HONOURABLE MR. JUSTICE P.B. BALAJI

                                                    O.S.A.No.52 of 2015
                                                           and
                                                   C.M.P.No.2474 of 2017

                     M/s.Nathan Foundation (P) Ltd.,
                     Represented by its Managing Director,
                     K.V.Sankaralingam,
                     No.18, Arulambal Street,
                     T.Nagar,
                     Chennai – 17.                                                ... Appellant
                                                       Vs.

                     1.A.Balasubramaniyam

                     2.Hon'ble Mr. Justice K. Sampath
                       No.11, Second Street,
                       Jagathambal Colony,
                       Royapettah,
                       Chennai – 14.                                              ... Respondents

                                  Original Side Appeal filed under Order XXXVI Rule 1 of Original
                     Side Rules against the order dated 14.12.2012 in O.P.No.779 of 2006 on the
                     file of this Court.

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                       O.S.A.No.52 of 2015




                                       For Appellant     :     Mr.S.Balasubramaniam, Advocate
                                                               proposed to file vakalat for appellant

                                       For R1            :     Mr.P.Siddarth
                                                               for M/s.BFS Legal

                                       R2                :     No more


                                                     JUDGMENT

(Judgment was delivered by S.S. SUNDAR, J.)

Learned counsel for the appellant has filed a memo earlier to the

effect that he has withdrawn the vakalat in the appeal for the appellant. The

learned counsel also submitted before this Court that he had duly informed

the appellant about the withdrawal of his vakalat. The counsel requested the

Court on that day that notice may be sent to the appellant. This Court

directed the Registry to print the name of the appellant in the cause list, as

the counsel for the appellant had no instructions and has also informed the

appellant about his withdrawal of vakalat.

https://www.mhc.tn.gov.in/judis O.S.A.No.52 of 2015

2.Today, the matter is listed under the caption “for dismissal” with the

name of the appellant being printed in the cause list. Today, another counsel

by name Mr.S.Balasubramaniam representing the appellant appeared before

this Court and submitted that he is going to file vakalat for the appellant.

The appellant, who has taken the papers long time back from the then

counsel, has no explanation to offer to this Court for not engaging a counsel

so far. It is also seen that the appeal was dismissed for non-prosecution

even on an earlier occasion on 12.01.2017 and thereafter, restored vide

order of Court dated 16.07.2018. We do not find any valuable reason for

adjourning this matter further. Hence, this Court finds that the appeal is

liable to be dismissed for non-prosecution.

3.Accordingly, the appeal is dismissed for non-prosecution. No costs.

Consequently, connected miscellaneous petition is closed.

(S.S.S.R., J.) (P.B.B., J.) 24.04.2023 mkn

Internet : Yes Index : Yes / No

https://www.mhc.tn.gov.in/judis O.S.A.No.52 of 2015

S.S. SUNDAR, J.

and P.B. BALAJI, J.

mkn

O.S.A.No.52 of 2015

24.04.2023

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