The Single Judge allowed condonation of delay subject to costs. The appellate bench held keeping the appeal alive served no purpose and disposed of it with liberty to revive if the underlying suit is restored.
Disposed of the appeal with liberty to revive if the appellant successfully gets the suit restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Judicature at Madras
Dated: 08.09.2014
Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice M.SATHYANARAYANAN
Original Side Appeal No.331 of 2009
Tidal Park Coimbatore Ltd.
I Floor – Tidal Park
4, Rajiv Gandhi Salai
Taramani, Chennai 600113. .. Appellant / 1st Respondent /
1st Defendant
vs.
1. Consolidated Construction
Consortium Ltd.
No.5, II Link Street
C.I.T. Colony, Mylapore
Chennai 600 004
rep. by its Managing Director/
Power of Attorney S.Sivaramakrishnan. ..1st Respondent/Applicant/
Plaintif
2. Bank of Baroda
T. Nagar Branch
No.74, Thyagaraya Road
Chennai 600 017. ..2nd Respondent/2nd Respondent /
2nd Defendant
Prayer: Original Side Appeal filed under Order XXXVII, Rule 9 of Original Side Rules read with Clause 15 of the Letters Patent, to set aside the order and decree dated 22.06.2009 passed by the learned Single Judge, in O.A. No.658 of 2008 in C.S. No.571 of 2008 on the file of this Court.
For Appellant : Mr. M. Narendran for M/s. King and Patridge For Respondents : Mr. Rajesh for M/s.Rajesh and Uma Associates-R1 Mr. P.V. Ramachandran for R2
J U D G M E N T
(Made by The Hon'ble The Chief Justice)
Learned counsel for the appellant states that at present the application for condonation of delay in filing the application for setting aside of the decree has been allowed subject to costs and thereafter only, the application for setting aside of the decree will be examined.
Sd/-
Assistant Registrar(CS-II)
Dated: 16.09.2014
//True Copy//
Sub Assistant Registrar
To
1.The Sub Assistant Registrar,
Original Side, High Court, Madras.
2.The Section Officer,
V.R.Section, High Court, Madras.
+1 cc to M/s.King & Partridge,Advocate,SR.42387
+1 cc to Mr.S.S.Rajesh,Advocate,SR.42641.
ku(co)
krd 17/9
O.S.A. No.331 of 2009
1 issue framed by the court
Whether the appeal should be kept alive pending admission of the underlying court application.
2 provisions across 2 enactments
Tidal Park Coimbatore Ltd.
Consolidated Construction Consortium Ltd.
Bank of Baroda
SANJAY KISHAN KAUL
M.SATHYANARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
