Dismissed

M/S.Amod Stampings Private Limited (Formerly Super Electricals) v. M/S.Universal Logistics and 2 Others

Madras HC2 Aug 2021A/2402/2021

Case brief

AI extract

What is this about?

The court dismissed an application by the applicant seeking leave to file a Reply Statement. The judge held that the filed document was merely a denial of the first defendant's written statement containing no new facts or claims, rendering the subsequent pleading unnecessary under the law.

What did the court decide?

Application for leave to file Reply Statement dismissed.

M/S.Amod Stampings Private Limited (Formerly… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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MONDAY, THE 2ND DAY OF AUGUST 2021

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THE HON'BLE MR. JUSTICE R.SUBRAMANIAN

A.No.2402 of 2021

C.S.No.366 of 2012

M/s. Amod Stampings Private Limited (Formerly Super Electricals) Represented by its Factory Manager Mr.Pragnesh Dave, the Authorized Signatory R.S.No.9/3, Karasur Village Vazdavur S.O., Behind L & T Pudhucherry 605 502.

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: Plaintiff

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M/s. Universal Logistics Represented by its Managing Partner Mr.D.A.Arjun Raaj New No.A-14 (Old No.47) Anannagar East, Chennai 600 102.

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M/s. Cholamandalam MS General Insurance Co. Ltd., Registered & Head Office "Dare House", 2nd Floor, N.S.C.Bose Road, Chennai 600 001.

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Commissioner of Customs (Bond-Sea) Office of the Commissioner of Customs 60, Rajaji Salai, Chennai 600 001. : Defendants

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

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A.No.2402 of 2021:

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M/s. Amod Stampings Pvt. Ltd., (Formerly Super Electricals) R.S.No.9/3, Karasur Village Vazdavur S.O., Behind L & T Pudhucherry 605 502.

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..Applicant/Plaintiff

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M/s. Universal Logistics Rep.by its Managing Partner Mr.D.Arjun Raaj New No.A-14 (Old No.47) Anannagar East, Chennai 600 102.

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M/s. Cholamandalam MS General Insurance Co. Ltd., Registered & Head Office "Dare House", 2nd Floor, N.S.C.Bose Road, Chennai 600 001.

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Commissioner of Customs (Bond-Sea) Office of the Commissioner of Customs 60, Rajaji Salai, Chennai 600 001.

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..Respondents/Defendants

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Application praying that this Hon'ble Court be pleased to grant leave to the Applicant/Plaintiff to file Reply Statement to the Written Statement filed by the 1^st Respondent/Defendant in the main 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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This application has been filed seeking to file a Reply Statement to

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the 1^st defendant's written statement.

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

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A perusal of the reply that has been filed shows that it is only a

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denial of what has been stated in the written statement by the 1^st defendant. No new facts have been set out to justify the claim for leave to file a reply statement.

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The law relating to the subsequent pleading is quite clear and a reply statement is necessary only when the defendant makes a new claim

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in support of the defence which has to be met by way of reply.

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In the absence of such claim, the reply statement is unnecessary.

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Hence, this petition is dismissed as devoid of merits.

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Sd./-R.S.M.J 02.08.2021

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//Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. Jj 11/08/2021

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

M/S.Amod Stampings Private Limited (Formerly Super Electricals) v. M/S.Universal Logistics and 2 Others

Case brief

What is this about?

What did the court decide?

M/S.Amod Stampings Private Limited (Formerly Super Electricals) v. M/S.Universal Logistics and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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