Telangana High Court
Canbank Factors Limited vs M/S. Icomm Tele Limited, on 20 March, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
AND
THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO
COMMERCIAL COURT APPEAL NO.18 OF 2024
Mr. Manav Gecil Thomas, learned counsel appearing for the appellant.
Mr. L. Anand, learned counsel representing Mr. P Nagendra Reddy, learned
counsel appearing for the respondent Nos.2 to 4.
JUDGMENT:
(Per Hon'ble Justice Moushumi Bhattacharya)
1. Learned counsel appearing for the respondent Nos.2 to
4 makes a specific submission that the respondent Nos.2 to 4
have received the costs in terms of the Trial Court's order
dated 25.10.2022 in I.A.No.250 of 2021 in C.O.S.No.6 of
2017.
2. To clarify matters, I.A.No.250 of 2021 in C.O.S.No.6 of
2017 was the restoration petition filed by the appellant herein
for setting aside the order of dismissal of the Suit filed by the
appellant on 24.08.2021, i.e., the appellant's Suit was
dismissed on 24.08.2021 due to non-prosecution.
3. The appellant thereafter filed I.A.No.250 of 2021 in
IA.SR.No.1807 of 2022 in C.O.S.No.6 of 2017 to restore the
Suit at the stage of its dismissal for default on 24.08.2021.
I.A.No.250 of 2021 in C.O.S.No.6 of 2017 was allowed by the
Trial Court on 16.03.2022, subject to the appellant making
payment of Rs.3,000/- to the respondents.
4. I.A.No.250 of 2021 in C.O.S.No.6 of 2017 was
dismissed by reason of the appellant's non-compliance.
5. The appellant thereafter filed I.A.No.640 of 2022 in
I.A.S.R. No.1807 of 2022 for condonation of delay of 4 days in
filing I.A.S.R. No.1807 of 2022. I.A.S.R.No.1807 of 2022 was
filed to restore I.A. No.250 of 2021, as I.A.No.250 of 2021 was
dismissed on account of the appellant's failure to pay costs of
Rs.3,000/-.
6. On 25.10.2022, the appellant's I.A.No.640 of 2022 in
C.O.S.No.6 of 2017 was allowed by the Trial Court and
I.A.No.250 of 2021 in C.O.S.No.6 of 2017 was restored.
7. The only controversy raised before us arise out of the
impugned order dated 08.01.2024, where the Trial Court has
recorded that the appellant failed to pay costs of Rs.3,000/-
and the order dated 16.03.2022 was not complied with.
8. Learned counsel appearing for the appellant however
placed a docket order of 25.10.2022 in I.A.No.250 of 2021 in
C.O.S.No.6 of 2017 which contains a specific endorsement
that the costs were received, as endorsed on the docket in
I.A.No.640 of 2022. Therefore, counsel contends that the
records reveal a clear contradiction in terms of the appellant
making payment of Rs.3,000/- to the respondents (the Trial
Court does not specify the respondent number).
9. We have heard learned counsel including learned
counsel appearing for the respondent Nos.2 to 4 on this
issue.
10. Learned counsel appearing for the respondent Nos.2 to
4 does not have any submissions to make on this ground
save and except contentions on the merits of the matter.
11. As recorded in the order passed by us on 17.03.2025
and 19.03.2025, the respondent Nos.1 to 3 have been
admitted to CIRP. This is not disputed by learned counsel
appearing for the respondent Nos.2 to 4.
12. Learned counsel appearing for the respondent Nos.2 to
4, in fact, makes a specific submission that costs of
Rs.3,000/- have already been received by the respondents.
13. In view of such a submission, nothing further remains
to be adjudicated on the issue which is been raised before us.
14. If the respondents have received Rs.3,000/-, the Trial
Court's recording in paragraph 8 of the impugned order is
clearly erroneous.
15. We are not inclined to go to the merits of the matter.
We accordingly set aside the impugned order dated
08.01.2024 and direct the Trial Court to restore C.O.S.No.6 of
2017 to the list.
16. The appellant shall be at liberty to proceed with the
Suit. The Trial Court shall decide the Suit along with all
connected applications as expeditiously as possible and
without granting adjournments to any of the parties before it.
17. C.O.M.C.A.No.18 of 2024 is accordingly allowed.
All connected applications are disposed of. Interim
orders, if any, shall stand vacated. There shall be no order as
to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
_____________________________
B.R.MADHUSUDHAN RAO, J
Date: 20.03.2025
NDS
