Single judge allowed an application condoning a 65-day delay in filing a leave to defend, recorded an undertaking by the first respondent to delay sale of properties, and listed a matter for arguments.
Application to condone 65-day delay in filing leave to defend allowed; matter listed for arguments; undertaking recorded.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 7TH DAY OF JUNE 2022
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY
A.No.2101 of 2022
in
C.S.(Comm. Div) No.3 of 2022
C.S.(Comm. Div) No.3 of 2022:-
(Under order XXXVII of the Code of Civil Procedure, 1908) &
Order VII Rule 1 of the Original Side Rules, 1994)
1.B.K.Divya, wife of Mr.K.S.Mahadesh, A 6D, 6th Floor, A Block, AVM ASTA, Rajamannaar Salai, K.K.Nagar, Chennai 600 078.
2.K.S.Mahadesh,
Son of Siddarmaiah, A 6D, 6th Floor, A Block, AVM ASTA, Rajamannaar Salai, K.K.Nagar, Chennai 600 078.
... Plaintiffs
Vs.
1.M/s. Meera Financial Consultancy Services
https://hcservices.ecourts.gov.in/hcservices/ Represented by its Proprietrix Mrs.Swathi Meera V, E 7P, 7th Floor, E Block,
2 AVM ASTA, Rajamannar Salai, K.K.Nagar, Chennai 600 078. 2.Swathi Meera V. W/o.Gurukaleeswaran, A4L, AVM ASTA, Rajamannaar Salai, K.K.Nagar, Chennai 600 078. 3.Gurukaleeswaran Balasubramani, S/o.Balasubramani, A4L, AVM Asta, Rajamannaar Salai, K.K.Nagar, Chennai 600 078. ... Defendants A.No.2101 of 2022:- 1.M/s. Meera Financial Consultancy Services Represented by its Proprietrix Mrs.Swathi Meera V, W/o. Mr.Gurukaleeswaran Balasubramani, E 7P, 7th Floor, E Block, AVM ASTA, Rajamannar Salai, K.K.Nagar, Chennai 600 078. 2.Mrs.Swathi Meera V. W/o.Gurukaleeswaran, A4L, AVM ASTA, Rajamannaar Salai, K.K.Nagar, Chennai 600 078. 3.Gurukaleeswaran Balasubramani, S/o.Balasubramani, A4L, AVM Asta, Rajamannaar Salai, K.K.Nagar, Chennai 600 078. ....Applicants Vs. 1.B.K.Divya, wife of Mr.K.S.Mahadesh, A 6D, 6th Floor, A Block, AVM ASTA, Rajamannaar Salai, https://hcservices.ecourts.gov.in/hcservices/ K.K.Nagar, Chennai 600 078.
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2.K.S.Mahadesh,
Son of Siddarmaiah, A 6D, 6th Floor, A Block, AVM ASTA, Rajamannaar Salai, K.K.Nagar, Chennai 600 078. ... Respondents
Application praying that this Hon'ble Court be pleased to condone the
delay of 65 days in filing the leave to defend application in the above suit.
This Application coming on this day before this court for hearing, the court made the following order:-
This application is filed to condone the delay of 65 days in filing the
leave to defend application in the above suit.
being satisfied that sufficient cause has been made out for the delay, this application is allowed.
arguments on 14.06.2022. The first respondent in O.A.No.209 of 2022
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undertakes that no further action would be taken to bring the properties
listed in the schedule to the said application for sale pending consideration
of the application. The said undertaking is recorded.
Sd./-SKRJ
07/06/2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 08/06/2022
2 issues framed by the court
Whether the delay of 65 days in filing a leave to defend application can be condoned.
Whether sufficient cause exists to allow the leave to defend application filed after expiry of limitation.
1 provisions across 1 enactments
M/s. Meera Financial Consultancy Services, Mrs. Swathi Meera V., and Mr. Gurukaleeswaran Balasubramani
B.K. Divya
K.S. Mahadesh
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
