S.Chellappa vs T.Joseph Benziger
2023 Latest Caselaw 10396 Mad

                                                                                 OSA.No.261 of 2017

                                   THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 14.08.2023
                                                      CORAM:
                                  THE HONOURABLE MR JUSTICE R.SUBRAMANIAN
                                                   AND
                                   THE HONOURABLE MRS JUSTICE R.KALAIMATHI

                                               O.S.A.No.261 of 2017

                     S.Chellappa                                                 ...Appellant

                                                         Vs.

                     1.T.Joseph Benziger
                     2.P.Albert
                     3.Park Town Benefit Fund Ltd.,
                       By its Chairman,
                       No.223, Mint Street,
                       Park Town,
                       Chennai – 600 003.
                     4.R.Vivkananthan
                     5.P.Balasubramaniam                                         ...Respondents


                     Prayer: Original Side Appeal filed under Order XXXVI Rule II of Original
                     Side Rules read with Clause 15 of Letters Patent, to set aisde the judgment
                     and decree dated 28.03.2017 made in C.S.No.837 of 2010.
                                         For Appellant         : No appearance
                                         For Respondents       : No appearance

                                                 JUDGMENT

https://www.mhc.tn.gov.in/judis OSA.No.261 of 2017

(Judgment of the Court was made by R.SUBRAMANIAN, J.) The learned counsel for the appellant has reported no instructions

on 03.03.2022. A Division Bench of this Court had directed the Registry to

verify as to whether any other counsel had filed vakalat and directed the

counsel's name to be printed. Since no counsel had entered appearance on

10.03.2022, a Division Bench of this Court had directed notice to be issued

to the appellant. The notice sent pursuant to the order dated 10.03.2022 has

been returned with endorsement that the appellant has refused to receive the

notice.

2. In view of the same the appeal is dismissed for non-

prosecution. No costs.

                                                                         (R.S.M.,J.)     (R.K.M.,J.)
                                                                                  14.08.2023
                     dsa
                     Index              : No
                     Internet           : Yes
                     Neutral Citation   : No
                     Non-speaking order


                                                                              R.SUBRAMANIAN, J.
                                                                                          and

https://www.mhc.tn.gov.in/judis OSA.No.261 of 2017

R.KALAIMATHI, J.

dsa

O.S.A.No.261 of 2017

14.08.2023

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