This order disposes of a service application seeking to file a web copy of an order instead of the original. The court noted that the underlying contempt petition was disposed of separately. No further orders were passed, and the petitioner was left to raise issues in the pending suit.
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.
1 Sub A No.503 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Sub Apln (OS) No.503 of 2021 in Cont P Dr. No.90644 of 2021
VGN Projects Estates P ltd., (formerly known as VGN Property Developers P Ltd) Represented by its Authorised signatory Mr.A.Rangappan having its office at No.153, Wallace Garden, 2nd street, Nungambakkam – Chennai 600 006
...Petitioner/Applicant/Plaintiff
Vs
B.A.Manimozhi Arasu President,
VGN Stafford flat owners Welfare Association, (VGN SFOWA) Vide Regn No.209 / 2017 Represented by its President Having its office at VGN Stafford, Sudharasana Street, Thirumalaivasan Nagar, Thirumullaivoyal, Chennai 600 062
....Respondent/Respondent/Defendant
2 Sub A No.503 of 2021
Prayer: Sub Application has been filed to dispense with the production of original /certified copy of the order passed in O.A.No.544 of 2021 in C.S.No.53 of 2021 dated 22.09.2021 and permit the petitioner to file Web copy downloaded from the Court website.
For Petitioner : Mr.P.R.Raman
Senior counsel for Mr.C.Seethapathy For Respondents : Mr.Pradeep Jayaraman
O R D E R
Pursuant to the statutory notice issued by this Court,
the respondent is present before this Court.
2. During the pendency of this contempt petition, the
appeal filed by the respondent against the orders passed in O.A.No.543 of 2021 and 544 of 2021 came up for hearing before the
Hon'ble First bench on 24.11.2021. The Hon'ble First Bench on hearing both the sides disposed of the contempt petition and the
relevant portions in the order are extracted hereunder :-
3 Sub A No.503 of 2021
8. In view of the above and in the changed circumstances, we dispose of these appeals, by modifying the orders dated 13.09.2021 and 22.09.2021 in the following terms:
(i) the non~appellant would not press the order dated 13.09.2021 for continuance of the contract with the appellant, though they have challenged the order of termination by amending the plaint and accordingly, while pressing the plaint for challenge to the order of termination of contract, they would not pray for continuance of the contract beyond 31st October 2021;
(ii) the work assigned to the new contractor may continue;
(iii) the appellant and the non~appellant shall sit across and exchange the statement of account so as to settle the accounts; and
(iv) the date given by the learned Single Judge expired on 31st October, 2021 and thus, the same is extended till 31st December, 2021.
9. The orders dated 13.09.2021 and 22.09.2021 are modified as above. There will be no order as to
4 Sub A No.503 of 2021
costs. CMP Nos.18474 and 18532 of 2021 are closed.
03.12.2021
rka
To
B.A.Manimozhi Arasu President, VGN Stafford flat owners Welfare Association, (VGN SFOWA) Vide Regn No.209 / 2017 Represented by its President Having its office at VGN Stafford, Sudharasana Street, Thirumalaivasan Nagar, Thirumullaivoyal, Chennai 600 062
5 Sub A No.503 of 2021
N.ANAND VENKATESH.,J rka
Sub Apln (OS) No.503 of 2021 in Cont P Dr. No.90644 of 2021
03.12.2021
2 issues framed by the court
Whether to grant liberty to the petitioner to file a web copy of the order in lieu of the original document in a service application.
Whether to pass further orders in the instant sub-application pending the disposal of the underlying matters.
VGN Projects Estates P ltd.
B.A.Manimozhi Arasu
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
