The High Court of Madras allowed the application for restoration of a suit dismissed for default, citing the plaintiff's liquidation and sworn affidavit by the liquidator, and fixed a case management schedule for the trial.
The application was allowed; the suit was restored. A case management schedule was fixed.
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.
A.No.3681 of 2021 in C.S.No.935 of 2008
A.No.3681 of 2021
in
C.S.No.935 of 2008
R.SUBRAMANIAN, J.
This application has been filed seeking restoration of the suit that
was dismissed for default on 03.08.2021. It is stated that the plaintiff
Company is under liquidation and the liquidator has sworn to the affidavit.
2.Accepting the reasons assigned in the affidavit filed in support of
this application, this application is allowed. The suit stands restored.
3.Considering the fact that the suit has been restored today, the following case management schedule is fixed:-
i) Filing proof affidavit of P.W.1 and marking of documents by 15.11.2021.
ii) Cross-examination of P.W.1 shall be completed by 30.11.2021.
iii) The proof affidavit of defendant's witness shall be filed on 01.12.2021 and documents to be marked on the same day.
A.No.3681 of 2021 in C.S.No.935 of 2008
KKN
R.SUBRAMANIAN, J.
iv) Cross-examination of the defendant's witness shall be
completed by 17.12.2021.
v) Counsel to file written arguments by 10.01.2022.
4.Upon completion of the evidence, Registry is directed to list the
suit for oral arguments on 17.01.2022.
20.10.2021
kkn
A.No.3681 of 2021
in
C.S.No.935 of 2008
1 issue framed by the court
Whether the application for restoration of the suit dismissed for default is maintainable given the plaintiff's liquidation.
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
