Kasturi v. Santha
Case brief
What is this about?
This court allowed original side appeals setting aside an ex-parte decree against the 5th defendant in a suit for money recovery. Finding the defendant was not properly served abroad, the court imposed costs of Rs.1 lakh and ordered the suit to proceed with framed issues before the Master.
What did the court decide?
Ex-parte decree set aside insofar as the 5th defendant is concerned; Rs.1 lakh costs imposed; suit directed for trial to be completed within three months.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.07.2018
CORAM:
The Honourable Mr.Justice M.M.SUNDRESH and
The Honourable Mr.Justice N.ANAND VENKATESH
Original Side Appeal Nos.178 and 188 of 2018
and
CMP Nos.12670 and 12671 of 2018
R.Ravinder Kumar ... Appellant in both OSA's
Vs.
1. G.Madan
Director of Pamban Apparels Limited
- Pamban Apparels Limited,
rep. By its Directors,
Kanavi Taluk, Koilpatti Village,
Aandipatti, Theni District – 620 512
- R.Ashok
- G.Kumar
- R.Gopalan
- Pamban Software Limited, No.230, Vaigai Dam Road, Kanavi Taluk, Koilpatti Village, Aandipatti, Theni District ..Respondents in both OSA's
Issues for consideration
3 issues framed by the court
Whether to interfere with the factual finding that the 5th Defendant was not served notice in the underlying suit.
Whether to set aside the ex-parte decree and permit the 5th Defendant to be represented by a Power of Attorney Agent.
Whether to frame issues and direct the suit for trial to complete proceedings expeditedly.
Parties & counsel
- appellant
R.Ravinder Kumar
- respondent
G.Madan
- respondent
Pamban Apparels Limited
- respondent
R.Ashok
- respondent
G.Kumar
- respondent
Case details
As recorded by the court registry
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