Partly allowed

S.a.Paramasivam v. M/s.Apple Credit Corporation

Madras HC11 Jul 2017A/3277/2017

Case brief

AI extract

What is this about?

The Court set aside an ex-parte decree and judgment dated 14.02.2005 in C.S. No. 555 of 2001 after the Senior Counsel for the applicants drew attention to an affidavit of service containing the respondent's seal. The application was dismissed as closed.

What did the court decide?

Ex-parte decree and judgment dated 14.02.2005 in C.S.No.555 of 2001 set aside; suit posted for hearing on 25.07.2017; accompanying application closed.

S.a.Paramasivam Vs M/s.Apple Credit Corporation — Civil Procedure and Limitation | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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TUESDAY, THE 11TH DAY OF JULY 2017

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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A.No.3277 of 2017 in C.S.No.555 Of 2001

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C.S.No.555 Of 2001:

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Apple Credit Corporation Ltd. Rep.by its Authorised Signatory And Senior Legal Executive S.Ramesh

... Plaintiff

-Versus-

1.Mr.S.A.Paramasivam

2.Mr.Elangovan

Both residing at Alagiyamanvalam Village and Post-621 715 Manachanallur Taluk, Lalgudi Tiruchirapalli District.

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...Defendants

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A.No.3277 of 2017:

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1.Mr.S.A.Paramasivam

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2.Mr.Elangovan

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Both residing at Alagiyamanvalam Village and Post-621 715 Manachanallur Taluk, Lalgudi Tiruchirapalli District.

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...Applicants/Defendants

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-Versus-

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M/s.Apple Credit Corporation Ltd.,Chennai Rep.by its Authorised Signatory And Senior Legal Executive S.Ramesh No.2, Sardar Patel Road Adyar, Chennai - 600 020.

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...Respondent/Plaintiff

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Application praying that this Hon'ble Court be pleased to set aside exparte decree and judgment passed against the Applicants/Defendants dated 14.02.2005 in the above suit C.S.No.555 of 2001.

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This application coming on this day before this court for hearing, the court made the following order:

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This application has been filed to set aside the ex-parte decree and judgment passed against the applicants/defendants on 14.02.2005 in C.S.No.555 of 2001.

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The suit had been filed for a direction for payment of sum of Rs.16,03,675/- together with interest @ 36% p.a. from the date of plaint till the date of realisation. In the said suit, on 14.02.2005, an ex-parte decree and judgment had been passed.

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In this application, notice was directed to the respondent. Notice has also been served to the respondent. But, there was no representation on 06.07.2017 and consequently, this Court had posted the matter for dismissal. However, the learned Senior Counsel appearing for the applicants had drawn attention to the Affidavit of Service

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filed on 05.07.2017, in which, notice to the

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respondent/plaintiff had been served. The acknowledgement card contains the seal of the respondent/plaintiff. The name of the respondent/plaintiff is also printed in the cause list. However, there is no representation. Consequently, ex-parte

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decree dated 14.02.2005 in C.S.No.555 of 2001 is set aside. Post the C.S.No.555 of 2001 on 25.07.2017. Since the ex-parte decree has been aside, the application No.3278 of 2017 is closed.

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11.07.2017

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//Certified to be a true copy//

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Dated this the th day of 2018.

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DL/07.12.2018 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

S.a.Paramasivam v. M/s.Apple Credit Corporation

Case brief

What is this about?

What did the court decide?

S.a.Paramasivam v. M/s.Apple Credit Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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