Madras High Court
M/S.Taurus Gkk Leathers Pvt. Ltd vs N.Amirthalingam on 25 October, 2024
Author: S.S. Sundar
Bench: S.S. Sundar
O.S.A.No.211 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
O.S.A.No.211 of 2023
and
C.M.P.No.24804 of 2023
M/s.Taurus GKK Leathers Pvt. Ltd.,
A Private Limited Company,
Having its registered office at
40/7, Ramakrishna Street,
T.Nagar, Chennai – 600 017.
Represented by its Director,
M.S.G.Bhuvan Kumar ... Appellant
Vs.
1.N.Amirthalingam
2.M/s.GKK Exports Pvt. Ltd.,
A Private Limited Company,
Having its registered office at,
40/7, Ramakrishna Street,
T.Nagar, Chennai – 600 017.
Represented by its Director,
M.S.G.Bhuvan Kumar
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O.S.A.No.211 of 2023
3.M.S.G.Bhuvan Kumar,
Partner, M/s.M.G.M. Exports,
40/7, Ramakrishna Street,
T. Nagar, Chennai – 600 017.
4.G.Mallika
5.M.S.G.Bhuvan Kumar
6.Manju Chamundeshwari
7.Veena Kishore
8.G.K.Kiran Aditya
9.G.K.Nandhitha ... Respondents
Original Side Appeal filed under Order XXXVI Rule 1 of Original
Side Rules and Clause 15 of the Letters Patent against the order and decree
dated 25.07.2023 in A.No.2884 of 2023 in C.S.No.770 of 2016 on the file
of this Court.
For Appellant : Mr.Rana Prithvi
for M/s.BFS Legal
For R1 : Mr.Harshavarthan. G
for Mr.T.M.Mano
JUDGMENT
(Judgment was delivered by S.S. SUNDAR, J.)
This Original Side Appeal is directed against the order of the learned
Single Judge, dated 25.07.2023, in A.No.2884 of 2023 in C.S.No.770 of
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2016.
2.The short point that arises for consideration in this Appeal is
whether the question of limitation can be relegated at the time of final
hearing when the application for counter claim is entertained. The
plaintiff/appellant has filed the suit for recovery of money to the tune of
Rs.1.1 Crores along with interest and for consequential reliefs. In the suit, a
counter claim was made by the respondent/defendant. The appellant raised
the question of limitation saying that the counter claim itself is barred by
limitation. Since the issue regarding limitation is a mixed question of fact,
the learned Single Judge, while allowing the application for counter claim,
held that the issue regarding limitation raised by the appellant will be
decided during trial. This Court finds no reason to interfere with the order
of the learned Single Judge, as no serious prejudice is caused to the
respondent. The order is not a judgment within the meaning of Clause 15 of
Letters Patent and therefore, this Court is unable to entertain this Appeal.
3.Therefore, giving liberty to the petitioner/appellant to raise all their
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objections before the trial Court, this Original Side Appeal is dismissed.
The suit and the counter claim will be decided on merits uninfluenced by
any of the observations made by this Court on the question of limitation.
No costs. Consequently, connected miscellaneous petition is closed.
(S.S.S.R., J.) (A.D.M.C., J.)
25.10.2024
mkn
Internet : Yes
Index : Yes
Neutral Citation : Yes
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S.S. SUNDAR, J.
and
Dr.A.D. MARIA CLETE, J.
mkn
25.10.2024
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