Allowed

Castrol India Ltd. v. Pemier Steel& Allied Industrie

Madras HC8 Sept 2014CRL RC/894/2014

Case brief

AI extract

What is this about?

In Criminal Revisions under CrPC Sections 397 and 401, the High Court set aside the lower court's non-speaking orders dismissing petitions for condonation of delay. Finding the Court below lacked valid endorsement for the hearing date, this Court restored the petitions and ordered representation within one week.

What did the court decide?

The orders dated 30.07.2014 dismissing petitions for condonation of delay are set aside. The lower Court is directed to restore the petitions and decide them on merits.

Castrol India Ltd. Vs Pemier Steel& Allied Industrie — Company and Corporate | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.09.2014

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CORAM

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THE HONOURABLE MR. JUSTICE C.T.SELVAM

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Crl.R.C.Nos.894 and 895 of 2014

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CASTROL INDIA LTD., Southern Region Office, Rayala Towers, 5^th Floor, 781-785, Annasalai, Chennai – 600 002. represented by its Power of Attorney Mr.T.K.Ramachandran ... Petitioner in both revisions/ Complainant vs Pemier Steel & Allied Industries, No.8/60, opp.Usha Textiles, Chandrapuram, KNP Colony, Tirupur, Tamil Nadu. Tirupur – 641 698. represented by its proprietrix Mrs.S.Prema ...Respondent in Crl.R.C.No.894/14 /Accused V.Balasubrmanian, Proprietor, Sri Bhagavathi Amman Blue Metals, S.F.No.216/2, Kovilampalayam, Periyatirumangalam Post, Chinnadharapuram, Aruvakurichi Taluk, Karur District. ... Respondent in Crl.R.C.No.895/14 /Accused

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Criminal Revisions filed under section 397 r/w 401 of the Code of Criminal Procedure, to set aside the non-speaking order dated 30.07.2014 in S.R.Nos.769 and 768 of 2013 passed by learned XIV Metropolitan Magistrate, Egmore and direct learned XIV Metropolitan Magistrate, Egmore, to restore the petition bearing S.R.Nos.769 and 768 of 2013 on the file of learned XIV Metropolitan Magistrate, Egmore and decide the same on merits.

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For Petitioner : Mr.S.Ramasubramanian

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https://hcservices.ecourts.gov.in/hcservices/

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C O M M O N O R D E R

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Petitioner challenges the orders of learned XIV Metropolitan Magistrate, Egmore, passed in S.R.Nos.769 and 768 of 2013 on 30.07.2014, wherein petitions seeking condonation of delay in preferring complaints were dismissed and seeks a direction to the said Magistrate to restore the petitions bearing S.R.Nos.769 and 768 of 2013 on his file and decide the same on merits.

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Heard learned counsel for petitioner.

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In circumstances where it is brought to the notice of this Court that the endorsement of the Court below dated 12.10.2012 informed the date for representation as 23.11.2012 and the reason for passing an order of dismissal is that the Court below was of the view that there was no such endorsement, this Court is inclined to allow these revisions.

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These Criminal Revisions are allowed. The orders of learned XIV Metropolitan Magistrate, Egmore, passed in S.R.Nos.769 and 768 of 2013 on 30.07.2014, are set aside. The petitioner shall now effect representation within a period of one week from the date of receipt of this order.

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Sd/-

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Assistant Registrar(CS-IV) Dated: 11.09.2014 //True Copy// Sub Assistant Registrar To

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1.The XIV Metropolitan Magistrate, Egmore.

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2.Do Thro The Chief Judicial Magistrate, Egmore, Chennai.

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2 CC to Mr.S.Ramasubramanian, Advocate SR.No.42624 & 42625

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Crl.R.C.Nos.894 and 895 of 2014 KK(CO) JJM (11.09.2014)

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https://hcservices.ecourts.gov.in/hcservices/

Castrol India Ltd. v. Pemier Steel& Allied Industrie

Case brief

What is this about?

What did the court decide?

Castrol India Ltd. v. Pemier Steel& Allied Industrie

Case brief

What is this about?

What did the court decide?

What the court decided

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