Disposed

Nidhi Bafna, v. Randeepkaurvirdi

Madras HC23 Aug 2021CRP/1682/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras directed the XVII Assistant City Civil Court, Chennai, to dispose of an interpleader application and the underlying suit of 2018 within one month due to unexplained delays.

What did the court decide?

Directed the XVII Judge, Assistant Civil Court, Chennai, to dispose the interpleader application and the suit within one month from the date of receipt of the order.

Nidhi Bafna, Vs Randeepkaurvirdi — Civil Procedure and Limitation | Madras HC (2021)

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C.R.P. (PD) No.1682 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 23.08.2021

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CORAM

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THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN

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CRP. (PD) No.1682 of 2021

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Nidhi Bafna ... Petitioner
Vs.
1.RandeepKaurVirdi
2.Raman Singh ... Respondents
Civil Revision Petition is filed under Article 227 of the Constitution of
India, to issue direction to the XVII Assistant City Civil Court, Chennai to
expeditiously dispose off O.S. No.2588 of 2018 within the time frame fixed by
this Hon'ble Court.
For Petitioner : Mr. M.Aravind Subramanyam
For Respondents : No appearance
***

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O R D E R

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This petition is filed seeking direction to the learned XVII Assistant Civil

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Court, Chennai, to expeditiously dispose of O.S. No.2588 of 2018, within the

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time frame fixed by this Court.

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http://www.judis.nic.in

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C.R.P. (PD) No.1682 of 2021

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Learned counsel appearing for the petitioner submitted that the suit in O.S. No.2588 of 2018, was filed for recovery of money from the respondents. The matter was listed on 14.09.2018 and Affidavit of Service was filed. The case was posted for filing summons for judgment on 24.09.2018 and summons was filed on 24.09.2018. Thereafter, the respondents filed an application in I.A. No.14065 of 2018, for leave to defend the suit, with a delay of 33 days. Then they filed a petition to condone the delay of 33 days in filing the petition for leave to defend the suit. The delay was condoned on 16.11.2018 and the matter was posted on 26.11.2018, for conducting an enquiry on the application filed seeking leave to defend the suit. Thereafter, this application is getting adjourned time and again, despite appearance of counsel on both side.

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As a part of his submission, learned counsel for the petitioner also

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produced a copy of daily status uploaded on the website. It shows that I.A. No.14390 of 2018, is pending and learned counsel appearing on both sides have

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been heard on 23.09.2019 and then posted for clarification since then. The daily status, on prima facie, shows that the case is being adjourned without any reason other than that the Court requires some clarification from the counsel. Therefore, the learned XVII Judge, Assistant Civil Court, Chennai, is directed to dispose of I.A. No.14390 of 2018 immediately and proceed to dispose O.S. http://www.judis.nic.in 2/4

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C.R.P. (PD) No.1682 of 2021

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No.2588 of 2018, as expeditiously as possible, preferably within a period of one

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month from the date of receipt of a copy of this order.

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With the above direction, this Civil Revision Petition is disposed of. No

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costs.
23.08.2021
Index: Yes / No
Speaking order / Non speaking order
bkn
Copy To:
The XVII Judge, Assistant Civil Court, Chennai

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http://www.judis.nic.in

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C.R.P. (PD) No.1682 of 2021

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G.CHANDRASEKHARAN. J.,

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bkn

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CRP. (PD) No.1682 of 2021
23.08.2021

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http://www.judis.nic.in

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Nidhi Bafna, v. Randeepkaurvirdi

Case brief

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Nidhi Bafna, v. Randeepkaurvirdi

Case brief

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