Allowed

C.R.Gopu v. J.Swamidoss

Madras HC26 Aug 2019CMP(MD)/7699/2019

Case brief

AI extract

What is this about?

Petitioners sought permission to deposit court costs. The petitioners had issued demand drafts which the respondents refused to accept citing potential appeal. The court allowed the CMPs and permitted the deposit of the awarded costs despite the refusal.

What did the court decide?

Permitted petitioners to deposit Rs. 5,000/- each to the credit of the respective original suits before the Principal Sub Judge, Madurai.

C.R.Gopu Vs J.Swamidoss — Contract and Commercial Disputes | Madras HC (2019)

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CMP(MD).No.7699 and 7701 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Monday, the Twenty Sixth day of August Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr Justice SENTHILKUMAR RAMAMOORTHY

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CMP(MD).No.7699 and 7701 of 2019 in CRP(MD).No.368 and 369 of 2014

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1.C.R.Gopu

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2.C.R.Srinivasan 3.C.R.Sathish @ Karthikeyan ... Petitioners/Petitioners in both CMP'S

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J.Swamidoss ... Respondent/Respondent in both CMP'S

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Prayer in CMP(MD).Nos.7699 and 7701 of 2019 :-

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These Petitions filed Under Section 151 of Civil Procedure Code praying to pass an order permitting petitioner to deposit the cost amount of Rs.5000/-, (Rupees Five Thousand only) into the Lower Court namely Principal Sub Court, Madurai in OS.No.289/1997 and O.S.No.705/1991 and thus render justice.

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ORDER :- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.R.Sreenivasan, Advocate for the Petitioners in both CMP's and of Mr.E.V.N.Siva, Advocate for the respondent, in both CMP's this Court made the following order: These Civil Miscellaneous petitions are filed for permission to deposit the cost of Rs.5,000/- into the lower Court, namely, the Principal Sub Court, Madurai, to the credit of O.S.No.289 of 1997 and O.S.No.705 of 1991, respectively.

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2.By order dated 02.07.2019 in CRP(NPD)(MD)Nos.368 and 369 of 2014, this Court had allowed the civil revision petitions on condition that the revision petitioners pay a sum of Rs.5,000/- as costs to the respondent in respect of each of the appeal suits.

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3.The learned counsel for the petitioners submits that upon receipt of a copy of the said order, demand drafts for Rs.5,000/each in respect of the two appeal suits were enclosed with letters to the respondents.

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

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CMP(MD).No.7699 and 7701 of 2019

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4.However, the said demand drafts were returned by the respondents by communication dated 07.08.2019, on the ground that the respondents are examining the possibility of filing an appeal and that therefore, they are not accepting the demand drafts.

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5.In these facts and circumstances, these Civil Miscellaneous Petitions are allowed, on considering the fact that the petitioners forwarded the demand drafts towards payment of cost, in compliance with the order of this Court, and the respondents refused to accept the same.

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6.Accordingly, the revision petitioners are permitted to deposit the cost of Rs.5,000/- each to the credit of O.S.No.289 of 1997 and O.S.No.705 pf 1991 respectively, before the learned Principal Sub Judge, Madurai.

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Sd/-

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Assistant Registrar (C.O) // True Copy //

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Sub Assistant Registrar(CS )

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The Principal Sub Judge, Madurai.

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+2 To Mr. K.S.Sreenivasan, Advocate, SR Nos.83474 & 83475.

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ORDER DATED : 26/08/2019

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========================== ORDER ==========================

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CMP(MD).Nos.7699 and 7701 of 2019 in CRP(MD).Nos.368 and 369 of 2014

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Giving direction and etc. as stated within. CS(09.10.2019) 2P 4C

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

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C.R.Gopu v. J.Swamidoss

Case brief

What is this about?

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C.R.Gopu v. J.Swamidoss

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