Dismissed

M/S Madumitha Fashions v. M/S Shanmuga Stores

Madras HC18 Jul 2014CRP/2387/2014

Case brief

AI extract

What is this about?

Civil Revision Petition challenging a decree that staying a money recovery suit due to triable issue exists. Court dismissed petition but directed trial court to dispose suit within two months.

What did the court decide?

Civil Revision Petition dismissed; direction to VI Assistant Judge, City Civil Court, Chennai to dispose of the suit within two months; connected M.P. closed.

M/S Madumitha Fashions Vs M/S Shanmuga Stores — Contract and Commercial Disputes | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.07.2014

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CORAM :

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THE HONOURABLE MS.JUSTICE R.MALA

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C.R.P(PD).No.2387 of 2014 and M.P.No.1 of 2014

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M/S.Madumitha Fashions Partnership firm represented by its Managing partner Mr.S.P.Rajamanickam having office at No.28, Old No.12 BN road, 2^nd Cross street T.Nagar, Chennai-17.

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.. Petitioner

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Vs.

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1.M/S.Shanmuga stores

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Proprietor R.A.Samy Trading Pvt. Ltd. No.20 and 21, Ranganathan street T.Nagar, Chennai-17.

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2.R.A.Samy Trading Pvt. Ltd.

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Rep. by its Director Ramajayam Arumugasami Registered office at No.21, Mangesh street T.Nagar, Chennai-17.

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3.Ramajayam Arumugasami .. Respondents

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Prayer :- Civil Revision Petition is filed under Article 227 of Constitution of India, against the fair and decreetal order dated 26.02.2014 made in I.A.No.15301 of 2013 in O.S.No.2753 of 2013 by the VI Assistant Judge, City Civil Court, Chennai.

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For Petitioner : Mr.L.Dhamodaran

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O R D E R

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The Civil Revision Petition is filed against the fair and decreetal order dated 26.02.2014 made in I.A.No.15301 of 2013 in O.S.No.2753 of 2013 by the VI Assistant Judge, City Civil Court, Chennai.

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2.Learned counsel for the revision petitioner submitted that the revision petitioner herein as a plaintiff filed a suit for recovery of money due in respect of business transaction under Order 37 Rule 2 of C.P.C. The defendants filed an application in I.A.No.15301 of 2013 stating that the plaintiff has filed a receipt dated 27.03.2009 with regard to settlement of all the amounts alleged to be due to him and hence, pleaded discharge and that has been allowed by the trial Court and came to the conclusion that there is a triable issue involved in the case, against which, the plaintiff/revision petitioner has preferred this revision petition.

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3.At the time of admission, argument of the learned counsel for the petitioner is heard in length.

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4.Considering the submissions made by the learned counsel for the petitioner as well as the typed set of papers, since the trial Court allowed the application filed by the defendants stating that there is triable issue involved in the case with regard to whether the suit amount has been discharged by the respondent and the same is a question of fact and that has to be decided at the time of trial. In such circumstances, I am of the view, there is no merits in the revision petition and hence, it is dismissed.

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5.In the result, the Civil Revision Petition is dismissed.

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However, it is a fit case for giving direction to the trial Court to dispose of the suit as early as possible. Accordingly, the learned VI Assistant Judge, City Civil Court, Chennai, is directed to dispose of the suit within two months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

18.07.2014

Internet:Yes

R.MALA,J.

VI Assistant Judge, City Civil Court, Chennai.

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C.R.P(PD).No.2387 of 2014 and M.P.No.1 of 2014

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18.07.2014

M/S Madumitha Fashions v. M/S Shanmuga Stores

Case brief

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M/S Madumitha Fashions v. M/S Shanmuga Stores

Case brief

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What the court decided

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