Madras High Court
M/S.Arogya Sukh vs Hatsunagro Product Ltd on 4 June, 2024
Author: M.Sundar
Bench: M.Sundar
O.S.A (CAD) No.156 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
O.S.A (CAD) No.156 of 2022
&
C.M.P.No.19734 of 2022
in
O.S.A (CAD) No.156 of 2022
1.M/s.Arogya Sukh
A Partnership Firm
Represented by its Partners
Mr.Ganesh Chaudhary and Mrs.Khushboo Chaudhary
2. Mr.Ganesh Chaudhary
A partner of-
M/s.Arogya Sukh
3.Mrs.Kushboo Chaudhary
A partner of-
M/s.Arogya Sukh
All are having office at
1-1/8 to 10,11,12,14 and 16
Shop No.6, Golkonda X Road
Hyderabad – 500 020 ... Appellants
Vs.
HatsunAgro Product Ltd.,
Having Registered Office at No.1/20-A, Rajiv Gandhi
Salai (OMR), Kalapakkam, Chennai – 600 097
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O.S.A (CAD) No.156 of 2022
And also carrying on its business at
Old No.AD-83/New No.AD 13, Anna Nagar
Opp. IOB Tower Branch, Chennai – 600 040
Represented by its Authorized Signatory
Mr.P.Sivasakthivel .. Respondent
Original Side Appeals filed under Order XXXVI Rule 9 of
Original Side Rules read with Rule 9 of the Original Side Rules read with
Section XIII-A of Commercial Courts Act, 2015 to set aside the order
dated 27.06.2022 passed in A.No.1627 of 2022 in C.S.No.131 of 2021.
For Appellants : Mr.Suvendra Kumar Panda
For Respondent : Ms.Y.K.Aiswarya
of M/s.Surana and Sura (Law Firm)
COMMON JUDGMENT
(Judgment of the Court was delivered by M.Sundar, J.)
In the captioned matter, Mr.Suvendra Kumar Panda, learned
counsel on record for three appellants in the main OSA and petitioner in
the captioned CMP is before us on the 'VC' ['Videoconferencing']
platform. Ms. Y.K.Aiswarya of M/s.Surana and Surana (Law Firm) for
sole respondent is before us in the physical Court. To be noted, this is a
hybrid hearing, which is a regular/daily/routine feature in this Court.
2. The three appellants before us are three defendants in
C.S.No.131 of 2021 before Hon'ble Commercial Division. These three
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defendants took out an application in A.No.1627 of 2022 seeking a
summary judgment under Order XIII-A of 'amended the Code of Civil
Procedure, 1908' [hereinafter 'amended CPC' for brevity and
convenience] as amended by 'The Commercial Courts Act, 2015 (4 of
2016)' [hereinafter 'CCA' for the sake of brevity, convenience and
clarity]. This was resisted by the sole plaintiff, which was the sole
respondent in the application. To be noted, the sole plaintiff is lone
respondent before us in the captioned appeal.
3. After full contest, Hon'ble single Judge then presiding over
the Commercial Division in and by judgment / order dated 27.06.2022
dismissed the application for summary judgment saying that the
defendants have failed to establish that the plaintiff have no real
prospects of succeeding in the suit claim. Assailing 'this 27.06.2022
judgment/order in A.No.1627 of 2022' [hereinafter 'impugned judgment'
for the sake of brevity], the unsuccessful defendants have preferred the
captioned appeal. Notice was ordered and the lone respondent is also
before us.
4. Be that as it may, both the aforementioned learned counsel
tell us that the main suit itself proceeded in the interregnum i.e., pending
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captioned appeal and it is at a very advanced stage i.e., it is scheduled to
be listed for oral arguments (post written arguments) on 06.07.2024.
5. Both learned counsel, therefore, submit that it would be
desirable to have the main suit heard out rather than pursuing this appeal.
In the light of common submission, captioned OSA and captioned CMP
thereat are disposed of as closed albeit with a clarifying rider that
Hon'ble Commercial Division shall now decide the main suit on its own
merits and in accordance with law inter-alia based on the oral and
documentary evidence before it besides the arguments of learned counsel
on both sides untrammelled by / de hors the impugned judgment i.e.,
summary judgment dated 27.06.2022 made in A.No.1627 of 2022 in
C.S.No.131 of 2023. We also make it clear that both sides shall not press
into service the impugned judgment in the arguments in the main suit.
Captioned OSA and captioned CMP thereat are disposed of as
closed albeit with the aforementioned observation. There shall be no
order as to costs.
(M.S.J.) (K.G.T.J.)
04.06.2024
Index:Yes/No
Neutral Citation: Yes/No
gpa
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M.SUNDAR.J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
gpa
&
in
04.06.2024
https://www.mhc.tn.gov.in/judis
