Madras High Court
M/S.Slo Industries Limited vs Unknown on 17 July, 2023
C.M.A.No.117 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
C.M.A.No.117 of 2018
M/s.SLO Industries Limited,
Rep.by its Executive Director,
Pratap Kumar Rakesh,
No.447/265, P.H.Road,
Aminjikarai, Chennai – 600 029. ... Appellant
v.
Kirloskar Electric Company Ltd.,
Plot No.29, P-6, Hirehalli
Industrial Area,
Hirehalli, Tumkur – 572 168,
Karnataka State. ... Respondent
Civil Miscellaneous Appeal filed under Order 43 Rule 1(j)
CPC r/w Rule 23 of Order 41 and 23(a) CPC to set aside the order and
decree dated 28.06.2017 made in C.M.P.No.50 of 2016 in A.S.No.62 of
2015 on the file of the XIX Additional Judge, City Civil Court, Chennai
against the judgment and decree dated 12.12.2014 passed in O.S.No.5430 of
2012 on the file of the XVI Assistant Judge, City Civil Court, Chennai.
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C.M.A.No.117 of 2018
For Appellant : Mr.K.V.Sundararajan
For Respondent : No appearance
JUDGMENT
This Civil Miscellaneous Appeal is filed against the dismissal
order dated 28.06.2017 passed by the learned XIX Additional Judge, City
Civil Court, Chennai in C.M.P.No.50 of 2016 in A.S.No.62 of 2015
2. When the appeal suit in A.S.No.62 of 2015 was listed for
hearing on 10.11.2016 before the learned XIX Additional Judge, City Civil
Court, Chennai, there was no representation for the appellant in the morning
session and therefore, the case was passed over and when the matter was
called again, the appellant did not turn up to argue, hence, the appeal was
dismissed for default on 10.11.2016. Challenging the same, the appellant
filed C.M.P.No.50 of 2016 for setting aside the order dated 10.11.2016 in
A.S.No.62 of 2015 and to restore the appeal, which was dismissed on
28.06.2017. Aggrieved over the same, the present appeal has been filed.
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C.M.A.No.117 of 2018
3. The learned counsel for the appellant submitted that the
learned XIX Additional Judge, City Civil Court, Chennai, without
considering the reasons stated in the accompanying affidavit filed in support
of the petition, especially in paragraph Nos. 3 to 5, dismissed the civil
miscellaneous petition.
4. Heard the learned counsel for the petitioner and perused
the records.
5. Despite service of notice on the respondent, there is no
representation either in person or through counsel.
6. The reasons stated in the accompanying affidavit are not
satisfied and therefore, the lower appellate Court dismissed the petition and
this Court is also not satisfied with the grounds taken by the petitioner.
Now a days, no party want to allow the other party to enjoy the fruits of the
decree one way or other way. After filing of the appeal, they keep the same
pending for years together. In appeal, parties will not appear, it is only the
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C.M.A.No.117 of 2018
counsel to co-operate and dispose of the same. When the appellant feels that
they do not have any grounds to maintain the appeal, they keep the appeals
pending for years together. When the appeal is listed for hearing out of
much effort, if, they did not want to argue the matter, they allow the same to
be 'dismissed for default', subsequently, they file a petition to restore the
appeal. Once the appeal is restored, they keep the matters pending years
together. In that way, so many appeals are pending before the Subordinate
Courts as well as this Court.
7. Considering the facts and circumstances, this Court is not
satisfied with the grounds raised by the appellant, however, in order to
given one more opportunity to the appellant to restore the appeal in
A.S.No.62 of 2015 on the file of the XIX Additional Judge, City Civil
Court, Chennai, this Civil Miscellaneous Appeal is allowed with the
following directions :
(i) The appellant is directed to pay a sum of Rs.50,000/-
(Rupees Fifty Thousand only) to the credit of A.S.No.62 of 2015 on the file
of the learned XIX Additional Judge, City Civil Court, Chennai on or before
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C.M.A.No.117 of 2018
31.07.2023. In the event of failure to pay the costs, the order passed by the
learned XIX Additional Judge, City Civil Court, Chennai shall stand
confirmed and this appeal shall stand dismissed automatically, without any
further reference to this Court.
(ii) On compliance of the above said order, the learned XIX
Additional Judge, City Civil Court, Chennai is directed to restore the appeal
and to fix a date for hearing on 17.08.2023 and dispose of the same on
merits and in accordance with law on or before 31.08.2023 and submit a
compliance report before this Court.
(iii) Both the parties are directed to co-operate for
early disposal.
(iv) There shall be no order as to costs.
17.07.2023
Note : Issue order copy on 27.07.2023
Index: Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
ms
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C.M.A.No.117 of 2018
P.VELMURUGAN, J.
ms
To
1. The XIX Additional Judge,
City Civil Court,
Chennai.
2. The XVI Assistant Judge,
City Civil Court,
Chennai.
C.M.A.No.117 of 2018
17.07.2023
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