Karuppaiah vs Vishalatchi
2023 Latest Caselaw 13991 Mad

    2023/MHC/4774



                                                             1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 18.10.2023

                                                          CORAM:

                             THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                              C.M.A(MD)NO.1044 OF 2023
                                                        and
                                              C.M.P(MD)No.14180 of 2023

                     Karuppaiah                           :Appellant/Petitioner/Respondent

                                                   .vs.

                     Chinnaiah(died)

                     1.Vishalatchi

                     2.Logambal

                     3.Saravanan

                     4.Thirunavukkarasu                   : Respondents 1 to 4 /Respondents
                                                                1 to 4/Claimants.


                     PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1
                     of Civil Procedure Code praying this Court to          set aside the order
                     made in I.A.No.519 of 2013 in M.C.O.P.No.39 of 2011, on the file of
                     the Chief Judicial Magistrate Court, Pudukkottai.


                                       For Appellant             :Ms.R.Karthika

                                       For Respondents           :Mr.M.Suresh
                                             1 to 4

                                                    JUDGMENT

*********

This Civil Miscellaneous Appeal is filed challenging the order https://www.mhc.tn.gov.in/judis

passed in I.A.No.519 of 2013 in M.C.O.P.No.39 of 2011, on the file

of the Chief Judicial Magistrate Court, Pudukkottai.

2.It is the submission of the learned counsel for the appellant

that the appellant is the respondent in M.C.O.P.No.39 of 2011, on

the file of the Chief Judicial Magistrate Court, Pudukkottai. The

appellant was set exparte and an exparte award was passed on

08.01.2023. Against the passing of an exparte award, the Petitioner

filed I.A.No.519 of 2013 to set aside the exparte order. In the said

petition, the learned Tribunal passed a conditional order on

21.12.2020 directing the appellant to pay a sum of Rs.300/- to the

respondents as costs on or before 5.1.2021, failing which, petition

shall stand dismissed and then ordered to list the petition for

hearing on 6.1.2021.Despite the appellant offering to pay the costs

to the respondents, the respondents refused to receive the amount

stating that the respondents intends to file an appeal as against the

conditional order, dated 21.12.2020. However, as on today, there is

no appeal filed.The matter was adjourned to several hearings to

verify the filing of the appeal and on other grounds and finally on

4.1.2023, I.A.No.519 of 2023 was dismissed, for the reason that

the conditional order was not complied with. This is not correct and

a reasoned order. When the appellant offered the cost, it was the

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

respondents who refused to receive the said amount. For that

refusal, the appellant cannot be penalised.

3.In response, the learned counsel for the respondents

submitted that the proceedings of the Court below in I.A.No.519 of

2013, especially, proceedings, dated 25.11.2022 shows that the

cost was not paid or remitted in the Court within the prescribed

time.

4.This Court heard the rival submissions made on either side

and perused the records.

5.Diary Proceedings in I.A.No.519 of 2013 shows that the

conditional order, as stated above, was passed on 21.12.2020. Diary

proceedings, dated 6.1.2021 reads that ‘’cost paid. Respondent

refused the cost. The respondents counsel represented that the

respondents counsel is going to prefer an appeal’’. In the cost memo

filed by the learned counsel for the appellant, similar endorsement

was made by the learned counsel for the respondents.

6.It is now informed that the respondents counsel has not

preferred any appeal. As per the conditional order, dated

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

21.12.2020 may be that the appellant could have deposited the

cost amount in the Court deposit. However, the appellant cannot be

faulted with for not paying the costs. The respondents refused to

receive the cost stating that the respondents are going to file an

appeal and no appeal is filed by the respondents till date.

7.In such circumstances, this Civil Miscellaneous Appeal is

allowed and the order made in I.A.No. 519 of 2013 in M.C.O.P.No.39

of 2011, on the file of the Chief Judicial Magistrate Court,

Pudukkottai is set aside and I.A.No.519 of 2013 is allowed.

However, the appellant is directed to deposit Rs.300/- towards

costs to the credit of M.C.O.P.No.39 of 2011, on the file of the Chief

Judicial Magistrate Court, Pudukkottai and on such deposit being

made, M.C.O.P.No.39 of 2011 is to be restored to file. On such

deposit being made and restoration of the above M.C.O.P., the

learned Chief Judicial Magistrate, Pudukkottai is directed to

complete the enquiry in the above said M.C.O.P.No.39 of 2011 and

dispose of the same as expeditiously as possible, preferably, within

a period of three months from the date of receipt of a copy of this

order. No costs. Consequently, connected Miscellaneous Petition is

closed.

18.10.2023 https://www.mhc.tn.gov.in/judis

Index:Yes/No Internet:Yes/No NCC:Yes/No

vsn

To

1.The Chief Judicial Magistrate, Pudukkottai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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

G.CHANDRASEKHARAN,J.

vsn

JUDGMENT MADE IN C.M.A(MD)NO.1044 OF 2023 and C.M.P(MD)No.14180 of 2023

18.10.2023 https://www.mhc.tn.gov.in/judis