The Madurai Bench of Madras High Court closed a Civil Miscellaneous Appeal filed under Section 75 of the Provincial Insolvency Act because the appellants appeared with no instructions and service of notice failed due to an insufficient address.
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C.M.A.(MD)No.1054 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.A.(MD)No.1054 of 2011
1.John Gunabalan 2.Geetha 3.Sundar ...Appellants/Petitioners Vs. 1.G.Kalyanasundaram 2.Thilagaraj 3.Sakkaravarthi 4.S.Balasubramanian 5.Srinivasan 6.Dhanasekaran 7.Narendrakumar 8.The Chief Manager, State Bank of India, Town Branch, Sivakasi. (Respondents 2 to 8 set ex-parte in I.P.No.7 of 2006) 9.The Manager, Sundaram Finance Company Ltd., South Car Street, Branch Office, Sivakasi. 10.The Manager, Sriram Transport Finance Company, Poovadithoppu, Sivakasi. 11.T.V.Sundaram Iyangar & Sons, 'E' Connect Sales & Services, West Masi Street, Madurai. (Respondents 10 & 11 set exparte in I.P.No.7 of 2006) ...Respondents/Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 75 of Provincial Insolvency Act, to set aside the order, dated 22.06.2011 made in I.P.No.7 of 2006 on the file of the Principal District Judge, Virudhunagar District at Srivilliputhur.
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C.M.A.(MD)No.1054 of 2011
For Appellants : No Appearance For R1 : Mr.M.Ashok Kumar For R8 & R10 : M.Ananth C.Rajesh For R2 to R7, R9 & R11 :No Appearance
JUDGMENT
When the appeal was taken up on 17.11.2021,the learned counsel for the appellant reported 'no instructions', hence, this Court vide order dated 17.11.2021 directed the Registry to send notice to the appellants' address, which was already stated in I.P.No.7 of 2006 returnable on 15.12.2021. But, the above notice was returned with the postal endorsement 'insufficient address'. No specific address is stated in the appeal other than the said address.
2.In view of above, this Civil Miscellaneous Appeal is closed. No costs.
Assistant Registrar (CS-III)
// True Copy //
vsd
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To
1.The Principal District Judge, Virudhunagar District at Srivilliputhur.
C.M.A.(MD)No.1054 of 2011 15.12.2021
RK(07/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/
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John Gunabalan
Geetha
Sundar
G.Kalyanasundaram
Thilagaraj
Sakkaravarthi
S.Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
