Disposed

Indus Ind Bank Limited v. Mr.Sivakumar

Madras HC5 Sept 2018A/6663/2018

Case brief

AI extract

What is this about?

The Commercial Division held an application for condoning delay in filing a written statement otiose. Since jurisdiction was determined earlier in the day, the court directed the Registry to file the written statement without considering the delay application.

What did the court decide?

The application for condonation of delay was closed; the registry is directed to file the written statement.

Indus Ind Bank Limited Vs Mr.Sivakumar — Contract and Commercial Disputes | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION) WENESDAY, THE 05TH DAY OF SEPTEMBER 2018 THE HON'BLE MR. JUSTICE SUNDAR

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A.No.6663 of 2018 IN C.S.No.69 of 2018

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Mr.Sivakumar, Son of Boolgapandian, Proprietor, Mutharamman and Co, A proprietary concern 54, G.V.T.Compex, Varadarajapuram, Nazrethpuram, Chennai 602 103. ... Plaintiff -Versus-

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Surya Imports and Exports, A Firm represented by its Proprietor, Mr.N.Surya Srinivas, Son of Bhaskara Rao, Flat No.15, Rams Flats, Second Floor, New No.5, Old No.2-A, Madhavan Nair Raod, Mahalingapuram, Chennai 600 034.

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Indus Ind Bank Limited, Represented by its Manager, 3, Village Road, Nungambakkam, Chennai 600 034.

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Indian Bank Represented by its Assistant Regional manager, W-100, II Avenue, Anna Nagar, Chennai 600 040. ... Defendants

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A.No.6663 of 2018

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https://hcservices.ecourts.gov.in/hcservices/

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Indus Ind Bank Limited, Represented by its Manager,

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/ 2 /

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3, Village Road, Nungambakkam, Chennai 600 034.

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...Applicant/ 2nd Defendant VS

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Mr.Sivakumar, Son of Boolgapandian, Proprietor, Mutharamman and Co, A proprietary concern 54, G.V.T.Compex, Varadarajapuram, Nazrethpuram, Chennai 602 103. ...1st Respondent/Plaintiff 2. Surya Imports and Exports, A Firm represented by its Proprietor, Mr.N.Surya Srinivas, Son of Bhaskara Rao, Flat No.15, Rams Flats, Second Floor, New No.5, Old No.2-A, Madhavan Nair Raod, Mahalingapuram, Chennai 600 034. ...2nd Respondent/1st Defendant

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Indian Bank Represented by its Assistant Regional manager, W-100, II Avenue, Anna Nagar, Chennai 600 040.

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...3rd Respondent/3rd Defendant

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Application praying that this Hon'ble Court be pleased to pass an order condoning the delay of 106 days in filing the written statement in the above suit.

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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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There is one plaintiff and three defendants in the main suit.

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https://hcservices.ecourts.gov.in/hcservices/

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Instant application has been taken out by the second

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/ 3 /

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defendant with a prayer for condoning 106 days delay in filing written statement. Sole plaintiff has been arrayed as first respondent and Defendants 1 and 3 have been arrayed a Respondents 2 and 3 respectively in the instant application. Parties in this application are referred to by their respective ranks in the main suit for the sake of convenience and clarity.

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3.Read this in conjunction with and in continuation of earlier proceedings made today in the main suit, wherein and whereby jurisdiction of this Commercial Division qua this suit has been determined. As the jurisdiction of this Commercial Division qua this suit has been determined today, in exercise of powers under proviso to Section 15(4) of the Commercial Courts Act, 2015 ('said Act' for brevity) , fresh time lines for filing written statement can be granted or fixed by this Commercial Division.

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In the light of the aforesaid obtaining position qua trajectory of this suit thus far and proviso to Section 15(4) of said Act, this application becomes otiose.

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Therefore, this application is closed.

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Registry is directed to take the written statement

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of second defendant on file.

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//Certified to be a true copy// Dated this the day of 2018.

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KY/31.08.2018 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of https://hcservices.ecourts.gov.in/hcservices/ the Order/Judgment Decree in this format.

Indus Ind Bank Limited v. Mr.Sivakumar

Case brief

What is this about?

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Indus Ind Bank Limited v. Mr.Sivakumar

Case brief

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