The High Court dismissed an application challenged by the Plaintiff (now Applicant) seeking to set aside a prior judgment and decree. The Court noted the lack of merits and specific proof in the counter affidavit. The application was dismissed with no costs awarded.
Application A.No. 1689 of 2018 dismissed; no costs.
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)
SATURDAY, THE 28th DAY OF APRIL 2018 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
A.No. 1689 of 2018 in C.S. No.723 of 2017
WTF Infotainment LLP, No.15, Parthasarathy Street, Alwarpet, Chennai-600 018 rep. by its Partner, Mr.R.Krishna Kumar
... Plaintiff
-Versus-
A.No.1689 of 2018 :-
Premier Futsal Management Private Limited, No.1, Royal Enclave, Besant Avenue, Adyar, Chennai-600 020. :Applicant/1st Defendant -Vs.1. WTF Infotainment LLP, No.15, Parthasarathy Street, Alwarpet, Chennai-600 018 rep. by its Partner, Mr.R.Krishna Kumar : Respondent/Plaintiff
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Application praying that this Hon'ble Court be pleased to set aside the judgment and decree dated 26.10.2017 passed in C.S.No.723 of 2017 by this Hon'ble High Court.
This Application having been heard on 19.04.2018 in the presence of Mr.A.Silambanan, Senior Counsel for M/s. Kaavya Silambanan Associates, Advocates for the applicant herein and Mr.Satish Parasaran, Senior Counsel for M/s. M.V.Swaroop, Advocate for the 1st respondent herein and upon reading the Judge's Summons and the affidavit and the reply affidavit of B.Dinesh Raj and the counter affidavit of R.Krishna Kumar filed herein, and having stood over for consideration till this date and coming on this day before this court for orders in the presence of the said advocates for the parties hereto, and this court having observed that in the counter it is vehemently alleged by the respondent that the applicant have entered into compromise and also sent e-mail and it is further to be noted that this application has been filed by another person said to be the Managing Director of Premium Futsal Management Private Limited, not the person who has entered the compromise, in fact this application clearly shows that the alleged fraud or coercion pleaded only on the basis of the information said to have been given by Smt.Nithyashree, Director, who has lawfully entered into the compromise, and the allegations pleaded in the affidavit itself based on the information said to have been given by Tmt.Nithyashree, but she has not appeared before the court and the affidavit would clearly show that only on the information, the decree and judgment has been assailed without any particulars and proof and in view of the above discussion this court does not find any merits in the application,
it is ordered as follows:-
That the A.No. 1689 of 2018 be and is hereby dismissed.
WITNESS THE HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 28th DAY OF APRIL 2018.
ASSISTANT REGISTRAR (O.S.II)
//Certified to be true copy//
Dated at Madras this the day of 2018.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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SK 12.07.2018
A.No. 1689 of 2018 in C.S. No.723 of 2017
ORDER: DATED: 28.04.2018 THE HON'BLE MR.JUSTICE N.SATHISHKUMAR
FOR APPROVAL:12.07.2018
APPROVED ON: 12.07.2018
1 issue framed by the court
Whether to allow the application to set aside the judgment and decree dated 26.10.2017 passed in C.S.No.723 of 2017.
WTF Infotainment LLP
Premier Futsal Management Private Limited
St. Angelo's VNCT Ventures
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
