Order passed regarding the amendment of a decree to align with Supreme Court modifications. Court permitted the amendment and set a hearing date post-submission of the amended copy, noting that no prejudice is caused given the pending review of the Supreme Court order.
Amendment to the decree permitted; matter posted for 27.01.2025.
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.
OP NO. 27 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-12-2024
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI
A.No.6559 of 2024
& OP NO. 27 of 2009
V.GNANARAJAPUSHPAM(Deceased) No.41, Raja Rajeswari Nagar, Chitlapakkam, Ch - 64 and 4 Others
Petitioner(s)
Vs
M/s.Bbc Foundations Pvt Ltd Rep By Its Managing Director Mr.Vummidi Barath No.20, Mylai Ranganathan St, T.Nagar, Ch - 17 and another
Respondent(s)
For Petitioner(s):
M/s.Pl.Narayanan I.Sivakami T.Subashini
For Respondent(s):
M/s.Rajnish Pathiyil S.Geetha R.Palanisamy For R1 Vak.Retd. R2-dr.A.K.Rajan Sole Arbitrator.
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OP NO. 27 of 2009
ORDER
The learned counsel for the applicants as well as the respondents have been heard.
2.The learned counsel for the applicants seeks to amend the operative portion of the decree in O.P.No.27 of 2009 to incorporate the modifications, which came to be made by way of an order of the Hon'ble Supreme Court in Special Leave to Appeal (c) No.22962 of 2024. Consequently, the applicants seeks to substitute the existing paragraph Nos.2 and 3 in the above OP.
3.The learned counsel for the respondents submits that the respondents are preferring a review against the order passed by the Hon'ble Supreme Court in Special Leave to Appeal (c) No.22962 of 2024 dated 14.10.2024. However, no serious prejudice would be caused, if the amendment is carried out and later if the review is entertained, as the clock can always be set back.
4.Post the matter on 27.01.2025. In the meantime, amendment shall be carried out and amended copy shall also be filed.
20-12-2024
ata
To
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OP NO. 27 of 2009
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2 issues framed by the court
Whether the decree in O.P.No.27 of 2009 can be amended to incorporate modifications made by the Supreme Court in SLP No.22962 of 2024.
Whether to allow the petitioners' request to amend the operative portion of the decree pending the disposal of the review petition.
V.GNANARAJAPUSHPAM (Deceased) and 4 Others
M/s.Bbc Foundations Pvt Ltd Rep By Its Managing Director Mr.Vummidi Barath and Another
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
