M/S.Vinjane Centre vs M/S.Aban Offshore Limited
2024 Latest Caselaw 18064 Mad

Madras High Court

M/S.Vinjane Centre vs M/S.Aban Offshore Limited on 10 September, 2024

Author: S.S. Sundar

Bench: S.S. Sundar

                                                                             OSA.No.173/2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.09.2024

                                                      CORAM :

                                   THE HONOURABLE MR. JUSTICE S.S. SUNDAR
                                                           AND
                                  THE HONOURABLE MR. JUSTICE K.RAJASEKAR

                                       OSA.No.173/2023 & CMP.No.21027/2023

                     1.M/s.Vinjane Centre
                       a Partnership Firm rep.by its Partner
                       Cleetus Vincent

                     2.Cleetus Vincent
                     3.Mrs.Imelda Vincent
                      rep.by her General Power of Attorney
                      Agent, Vincent C.Aluvila
                     4.Mrs.Susan Mary                                        ...Appellants
                     **Cause title accepted vide order of Court
                       and Vincent C.Aluvila recognised as
                       Power Agent to 3rd Appellant dated
                       28.08.2023 in CMP.Nos.19544 & 19546/2023
                       in OSA.SR.No.102978/2023

                                                           Vs.

                     1.M/s.Aban Offshore Limited
                       rep.by its Senior Manager [Legal]
                       and Secretary S.N.Balaji
                       No.113, Pantheon Road
                       Egmore, Chennai 600 008.


                                                            1


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                                                                                        OSA.No.173/2023



                     2.Aban Infrastructure Pvt Ltd
                       rep.by its General Manager [Commercial]
                       Puranidran
                       No.113, Pantheon Road
                       Egmore, Chennai 600 008.                                       ... Respondents

                     Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of OS Rules
                     read with Clause 15 of the Letters Patent as against the fair and decretal
                     order dated 05.06.2023 in A.No.1294/2020 in A.No.7622/2019 in
                     EP.No.121/2017.

                                     For Appellants          : Mrs.Kamala Kumar

                                     For Respondents         : Mr.Viduthalai, Senior counsel for
                                                                   Mr.D.Veerasekaran

                                                       JUDGMENT

[Judgment of the Court was delivered by S.S.SUNDAR, J.,]

(1)The present appeal is directed against the fair and decreetal order dated

05.06.2023 in A.No.1294/2020 in A.No.7622/2019 in EP.No.121/2017.

(2)The applicant in A.No.1294/2020 sought to condone the delay of 333

days in filing an application to set aside the exparte order in the Execution

Petition in EP.No.121/2017.

(3)It is not necessary to go deep into the disputed questions of fact as learned

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counsels on either side tried to focus on the merits of the case.

(4)Learned Senior counsel appearing for the respondents has no serious

objection to condone the delay so that the issues raised on merits can be

adjudicated by the Executive Court. This Court is also convinced that the

appellants have given reasons explaining the cause for the delay.

(5)In the said circumstances, this Original Side Appeal stands allowed and

the application in A.No.1294/2020 to condone the delay in filing an

application to set aside the exparte order in A.No.7622/2019 in

EP.No.121/2017 stands allowed.

(6)Having regard to the nature of dispute, this Court suggests the parties to

go for a settlement or make an attempt for settling the issues. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                      [S.S.S.R., J.]      [K.R.S., J.]
                                                                                   10.09.2024
                     AP
                     Index : Yes / No
                     Internet : Yes







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                                       S.S. SUNDAR, J.,
                                                  and
                                      K.RAJASEKAR, J.,

                                                      AP









                                             10.09.2024







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