In this second appeal under Section 75 of the Provincial Insolvency Act and Section 100 CPC, the High Court dismissed the appeal because the appellant failed to serve notice on respondents despite repeated opportunities and lists showing them as absent, rendering further proceedings useless.
Civil Miscellaneous Second Appeal stands dismissed. No orders as to costs.
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In the High Court of Judicature at Madras
Dated: 15.03.2021
Coram
The Honourable Mr. Justice S.M.SUBRAMANIAM
C.M.S.A.No.35 of 2014
S.Shanmugavel ... Appellant/1stRespondent/Petitioner
Vs.
1.Gagan Chawla ...1 st Respondent/2 nd Respondent/1 st Respondent
2.Kapil Arora
3.Karuna Arora
...2 & 3 Respondents/Appellants/Respondents 2 & 3
Prayer: This Civil Miscellaneous Second Appeal is filed under Section 75 of Provincial Insolvency Act, 1920 r/w. Section 100 of the Civil Procedure Code, against the order dated 11.12.2013 made in C.M.A.No.36 of 2013 on the file of the Principal District Court, Erode partly allowing the appeal by setting aside the order dated 30.01.2013 made in I.P.No.10 of 2009, on the file of the II Additional Sub-Court, Erode holding that the respondents 2 and 3 are not bona-fide purchasers.
JUDGMENT
The appeal was filed on 25.11.2014. This Court passed an order on 03.12.2014, ordering notice to the respondents and the appeal was admitted. Six years lapsed and till date, the appellant has not served notice to the respondents. The case https://hcservices.ecourts.gov.in/hcservices/ papers reveals that the first respondent 'person not found',
the second respondent 'left' and third respondent 'tapal not yet returned either served or unserved'. Inspite of these results, the appellant has not taken any steps to serve notice on the respondents so far as to adjudicate the matter. Under these circumstances, this Court is of the view that it is of no use in keeping the appeal pending any further. Accordingly, the Civil Miscellaneous Second Appeal stands dismissed. There shall be no orders as to costs.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
DP
To
1.The Principal District Judge,
The Principal District Court,
Erode.
2.The II Additional Sub-Court,
Erode.
3.The Record Keeper,
V.R. Section,
High Court, Madras.
+1cc to Mr.V.P.Sengottuvel, Advocate SR.No.17014
C.M.S.A.No.35 of 2014
BR(CO)
GMY(23/06/2021)
1 issue framed by the court
Whether this Court should allow the appeal to proceed when the appellant failed to serve notice on respondents despite listing them as absent or found not found.
2 provisions across 2 enactments
S. Shanmugavel
1. Gagan Chawla
2. Kapil Arora
3. Karuna Arora
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
