The court dismissed applications to condone delay and bring on record legal representatives for a deceased defendant, accepting the applicant's counsel's withdrawal to file fresh applications with correct details of heirs.
Applications dismissed with liberty to file fresh applications to bring on record the actual legal representatives of the 3rd defendant.
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)
MONDAY, THE 26TH DAY OF FEBRUARY 2018
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
A.Nos.8578 to 8580 of 2017 in C.S.No.491 of 2014
M/s.Color Chemicals, A Registered Partnership Firm Rep.by its Partner M.Ponnuswami, Having its registered office at No.32, H Block, 15th Main Road, Anna Nagar, Chennai 600 040 ... Plaintiff Vs. 1.M/s.Match Point, A Partnership firm Represented by its Partners 2 to 10 herein 21, Bridge way Colony Extension, 4th Street, Tiruppur 641 607
2.M.Kandasamy, S/o Muthusamy Gounder, Partner – M/s.Match Point, No.67/1, Allankattupudur, S.Periyapalayam, Tiruppur 641 601
3.K.Malarvizhi, W/o M.Kandasamy, Partner – M/s.Match Point, No.67/1 Allankattupudur, S.Periyapalayam, Tiruppur 641 601
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4.T.N.Sathyamurthy, S/o Natarajan, Partner – M/s.Match Point, No.5, Sakthi Nagar, Mannarai, Tiruppur 641 607 5.K.Savitha, D/o M.Kandasamy, Partner – M/s.Match Point, No.67/1, Allankattupudur, S.Periyapalayam, Tiruppur 641 601 6.P.Ravichandran, S/o of S.Periayasamy Gounder, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607 7.S.Periayasamy Gounder, S/o Shennimalai Gounder, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607 8.P.Ramathal, Partner – M/s.Match Point, W/o S.Periayasamy Gounder, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607 9.R.Rani, W/o P.Ravichandran, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607
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10.R.Geethanjali Rithika, D/o P.Ravichandran, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607 .. Defendants
A.Nos.8578 to 8580 of 2017 in C.S.No.491 of 2014 :
M/s.Color Chemicals,
A Registered Partnership Firm Rep.by its Partner M.Ponnuswami, Having its registered office at No.32, H Block, 15th Main Road, Anna Nagar, Chennai 600 040
... Applicant in all Applications Vs.
1.M/s.Match Point,
A Partnership firm Represented by its Partners 2 to 10 herein 21, Bridge way Colony Extension,
4th Street, Tiruppur 641 607
2.M.Kandasamy,
S/o Muthusamy Gounder, Partner – M/s.Match Point, No.67/1, Allankattupudur, S.Periyapalayam, Tiruppur 641 601
K.Malarvizhi (Died) W/o M.Kandasamy, Partner – M/s.Match Point, No.67/1 Allankattupudur, S.Periyapalayam, Tiruppur 641 601
3.T.N.Sathyamurthy,
S/o Natarajan, Partner – M/s.Match Point, No.5, Sakthi Nagar, Mannarai, Tiruppur 641 607
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4.K.Savitha,
D/o M.Kandasamy, Partner – M/s.Match Point, No.67/1, Allankattupudur, S.Periyapalayam, Tiruppur 641 601 5.P.Ravichandran, S/o of S.Periayasamy Gounder, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607
6.S.Periayasamy Gounder, S/o Shennimalai Gounder, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607
7.P.Ramathal,
Partner – M/s.Match Point, W/o S.Periayasamy Gounder, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607
8.R.Rani,
W/o P.Ravichandran, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607
9.R.Geethanjali Rithika,
D/o P.Ravichandran, Partner – M/s.Match Point, No.3, Sakthi Nagar, Mannarai, Tiruppur 641 607 .. Respondents in all Applications 10.Swathi Amman Kandasmy @ Swathika, 67/1 Sumasamuthra Illam, Mandothani Thottam, S.Periyapalayam (PO) Tiruppur 641 607
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11.M.Harihara Sudhan,
RMP Farms, Raban Feeds & Hatchaeries,
Palladam 641 664 .. Respondents/Proposed LRs of 3rd defendant in all Applications
A.No.8578 of 2017 in C.S.No.491 of 2014 :
Application praying that this Hon'ble Court be pleased to condone the delay of 720 in filing the petition to bring the Legal Representative of 3rd Defendant - 3rd K.Malarvizhi in C.S.No.491/2014.
A.No.8579 of 2017 in C.S.No.491 of 2014 :
Application praying that this Hon'ble Court be pleased to bring on record the Respondents 10 & 11 herein as the legal representatives of the deceased 3rd Defendant – K.Malarvizhi in C.S.No.491/2014.
A.No.8580 of 2017 in C.S.No.491 of 2014 :
Application praying that this Hon'ble Court be pleased to set aside the abatement cause due to the death of the 3rd defendant – K.Malarvizhi in C.S.No.491/2014.
These applications coming on this day before this court for hearing the court made the following order:
Ms.K.Indu Priya, learned counsel appearing for the applicant would submit that, after filing of these applications the learned counsel who was appearing for the 3rd defendant has brought to their
notice that the persons who are sought to be impleaded as legal representatives in these applications are not the actual legal representatives and there was some mistake while filing these applications. Hence, she seeks to withdraw these applications with liberty to file fresh applications seeking to implead the actual legal heirs and she had also made an endorsement to that effect.
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fresh applications to bring on record the actual legal representatives of the 3rd defendant.
//Certified to be a true copy//
Dated this the day of 2018.
TR/20.03.2018 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
2 issues framed by the court
Whether applications to condone delay and implead legal representatives should proceed given a withdrawal application to correct the identification of heirs.
Whether the withdrawal application is accepted.
M/s.Color Chemicals
M/s.Match Point
K.Malarvizhi
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
