Allowed

Tamilnadu Civil Supplies Corporation v. M/S.A1 Champandy Industries Ltd.

Madras HC29 Sept 2021CMP/13918/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition to condone a delay of 328 days in filing an Original Side Appeal under Section 5 of the Limitation Act, subject to costs. The court examined reasons provided in the affidavit and directed the Registry to proceed with the appeal.

What did the court decide?

Delay condoned; Rs. 5,000 costs payable to first respondent within one week; appeal directed to be numbered.

Tamilnadu Civil Supplies Corporation Vs M/S.A1… — Civil Procedure and Limitation | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Civil Appellate Jurisdiction )

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Wednesday, the Twenty Ninth day of September Two Thousand Twenty

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One

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PRESENT

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HON`BLE MR.JUSTICE SANJIB BANERJEE, THE CHIEF JUSTICE

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AND

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THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU

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CMP.No.13918 of 2021

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in OSA SR No.41188 of 2021

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TAMILNADU CIVIL SUPPLIES CORPORATION, [ PETITIONER ] REP BY ITS MANAGING DIECTOR, NO.12, THAMBU SAMY ROAD, KILPAUK, CHENNAI 600 010

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1 M/S.A1 CHAMPANDY INDUSTRIES LTD, [ RESPONDENTS ] NO.25 PRINCEP STREET, KOLKATTA 700 072

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2 T.VIJAYALAKSHMI

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 328 days in filing of the OSA.SR.No.41188 of 2021 before this Hon'ble Court in CMP.No.13918 of 2021.

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Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.RAGHURAMAN, Advocate for the petitioner and of MR.B.GIRIDHARAN RAO, Advocate for the 1^st Respondent, 2^nd respondent not appearing either in person or by an Advocate, the court made the following order:-

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This is an application under Section 5 of the Limitation Act seeking to condone the delay of 328 days in filing the Original Side Appeal under Section 13(1) of the Commercial Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996.

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

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Having regard to the reasons stated in the affidavit filed in support of the application, the delay is condoned and the application stands allowed, subject to the condition that a sum of Rs.5,000/- should be paid as costs to the first respondent within a period of one week from today.

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The Registry is directed to number the appeal, if otherwise in order and subject to complying with the aforesaid condition.

-sd/-

29/09/2021

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE SUB ASSISTANT REGISTRAR, ORIGINAL SIDE, HIGH COURT, MADRAS 104.

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2 THE ASSISTANT REGISTRAR, MAIN AE SECTION, HIGH COURT, MADRAS 104.

Order

CMP.No.13918 of 2021

in OSA SR No.41188 of 2021

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Date :29/09/2021

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RA 01/10/2021

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

Tamilnadu Civil Supplies Corporation v. M/S.A1 Champandy Industries Ltd.

Case brief

What is this about?

What did the court decide?

Tamilnadu Civil Supplies Corporation v. M/S.A1 Champandy Industries Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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