Raju L Bathija vs A.Inbasekar
2024 Latest Caselaw 182 Mad

Madras High Court

Raju L Bathija vs A.Inbasekar on 3 January, 2024

Author: R. Mahadevan

Bench: R. Mahadevan, Mohammed Shaffiq

                                                                              O.S.A.No.153 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED 03.01.2024

                                                         CORAM

                                    THE HON'BLE Mr. JUSTICE R. MAHADEVAN
                                                           AND
                                  THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ



                                                    O.S.A.No.153 of 2023
                                                           AND
                                                   C.M.P.No.19364 of 2023


                Raju L Bathija                                                  .. Appellant

                                                            Vs.
                A.Inbasekar                                                    .. Respondent



                          Original Side Appeal filed under Order XXXVI Rule 9 of Original Side

                Rules read with Clause 15 of Letters Patent, against the order dated 10.08.2023

                passed in A.No.3033 of 2023 in C.S.SR.No.72655 of 2023.



                                   For Appellant        : Mr.T.Vijay

                                   For Respondent       : Mr.P.Chandrasekar



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                                                                               O.S.A.No.153 of 2023




                                                   JUDGMENT

(Judgment of the court was delivered by R. MAHADEVAN, J.)

Challenging the order dated 10.08.2023 passed by the learned Judge in

A.No.3033 of 2023 in C.S.SR.No.72655 of 2023, the appellant has preferred

the present Original Side Appeal.

2. This Court, by order dated 01.11.2023, directed the appellant to

deposit a sum of Rs.2,00,00,000/- to the credit of the suit, on or before

30.11.2023. Expressing financial crunch, the appellant filed C.M.P.No.27482

of 2023 seeking extension of time till 31.01.2024, so as to comply with the

order of this Court dated 01.11.2023. Considering the claim of the appellant,

this Court, by order dated 21.12.2023, directed the appellant to deposit a sum of

Rs.1,00,00,000/- to the credit of the suit, on or before 31.12.2023 and report

compliance to this Court on 03.01.2024.

3. Today, when the matter was taken up, the learned counsel appearing

for the appellant submitted that the appellant due to financial difficulties has

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not complied with the conditional order dated 21.12.2023 within the time

stipulated by this Court, but is inclined to approach the respondent for an

amicable settlement, and hence sought permission of this Court to withdraw the

Original Side Appeal. He has also made an endorsement in the case bundle.

4. In view of the above submission and endorsement made by the learned

counsel for the appellant, this original side appeal stand dismissed as

withdrawn. No costs. Connected miscellaneous petition is closed.

                                                                     [R.M.D,J.]       [M.S.Q, J.]
                                                                            03.01.2024
                Neutral Citation : Yes/No
                gya




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                                      R. MAHADEVAN, J.
                                                 AND
                                  MOHAMMED SHAFFIQ, J.

                                                          gya









                                                 03.01.2024




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