The Court allowed an application to restore a closed application (A.No.2675 of 2016) seeking permission to sell machinery, noting the respondent had been granted time to file a counter-argument in the current proceedings.
Application No.2831 of 2017 allowed; Application No.2675 of 2016 restored for further hearing.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 11RD DAY OF JULY 2017
THE HON'BLE MRS. JUSTICE C.V.KARTHIKEYAN
A.No.2831 of 2017 in C.S.No.315 of 2016
C.S.No.315 of 2016:
Hansum India Electronics Pvt. Ltd., Rep. By its Director Having its Office at No.62 B, Ormes Road, Kilpauk, Chennai-600 010. ...Plaintiff
-Vs-
M/s.Rangani Engineering Pvt. Ltd., Rep. By its Director, Survey No.258, Plot No.5 to 11, Village Shopar, (Veraval), Gujarat-360 002. ...Defendant
A.NO.2831 OF 2017:
Hansum India Electronics Pvt. Ltd., Rep. By its Director Having its Office at No.62 B, Ormes Road, Kilpauk, Chennai-600 010. ...Applicant/Plaintiff
-Vs-
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M/s.Rangani Engineering Pvt. Ltd.,
Rep. By its Director, Survey No.258, Plot No.5 to 11, Village Shopar, (Veraval), Gujarat-360 002. ...Respondent/Defendant
This Application praying that this Hon'ble Court be pleased to an order to set aside the order dated 25-10-2016 made in Application No.2475 of 2015 and reopen the same be not passed.
This application coming on this day before this court for hearing, the court made the following order:
Applicant in A.No.2475 of 2016 in C.S.No.315 of 2016 has come forward with the present application in A.No.2381 of 2017.
supplied, did not function due to the defective manufacturing. It is also stated that the machinery was rejected and was lying at Yangon at the risk of the defendant. Claiming breach of contract and damages and quantifying the same, the suit has been claimed.
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counter. Counter has not yet been filed. Consequently, this application is allowed and Application No.2675 of 2016 is restored back for further hearing.
sd/-C.V.K.J 11.07.2017
//Certified to be a true copy// Dated this the th day of 2016.
EM/13.07.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether to set aside an order closing an application regarding the sale of machinery and restore the closed application for further hearing.
Hansum India Electronics Pvt. Ltd.
M/s. Rangani Engineering Pvt. Ltd.
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
