The Court, dealing with CMP No.3104 of 2018 and AS No.102 of 2018, held that the interim stay previously granted shall be made absolute. The matter was posted for arguments on 02.12.2021.
The interim stay is made absolute. The stay order is posted for arguments on 02.12.2021.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Second day of November Two Thousand Twenty One
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP.No.3104 of 2018
IN AS.No.102 of 2018
M/S.ACURA AUTOMATION ENGINEER,(P) LTD. [ PETITIONER ] FUNCTIONING AT NO.103, SASTRI NAGAR, CIVIL AERODROME POST, COIMBATORE.
Vs 1 MR.C.KRISHNA KUMAR [ RESPONDENTS ] S/O CHANDRAN PROPRIETOR OF M/S. SREE KRISHNA ELECTRONIS FUNCTIONING AT 177, MFC TOWERS, VARIETY HALL ROAD, COIMBATORE
2 B.SURESH S/O BALUSAMY DIRECTOR OF M/S.ACCURA AUTOMATION ENGINEERS (P) LTD FUNCTIOING AT NO.103, SASTRI NAGAR, CIVIL AERODROME POST, COIMBATORE
3 B.VIJAYANAND S/O.BALUSAMY, DIRECTOR OF M/S.ACCURA AUTOMATION ENGINEERS (P) LTD FUNCTIOING AT NO.103, SASTRI NAGAR, CIVIL AERODROME POST COIMBATORE
(RESPONDENTS 2 AND 3 ARE ONLY FORMAL PARTIES AND HENCE GIVEN UP)
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the operation of the judgment and decree dated 20/01/2017 made in OS.No.46/2014, on the file III Additional District and sessions court, coimbatore (in CMP.No.3104/2018) pending disposal of the above AS.No.102/2018
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 M/S.A.E.RAVICHANDRAN, Advocate for the petitioner and of MR.C.D.JOHNSON, Advocate(Caveator) for the Respondents, the court made the following order:-
Interim stay already granted is made absolute.
Post the matter 02.12.2021 “for arguments”.
-sd/02/11/2021 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE
Order
in CMP.No.3104 of 2018
IN AS.No.102 of 2018
Date :02/11/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(12/11/2021)
2 issues framed by the court
Whether to make the existing interim stay absolute pending disposal of the appeal on §102 of the Code of Civil Procedure, 1908.
Whether to grant stay of operation of the judgment and decree dated 20/01/2017 in CMP No.3104/2018.
M/S.ACURA AUTOMATION ENGINEER,(P) LTD.
MR.C.KRISHNA KUMAR
B.SURESH
B.VIJAYANAND
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
