Single judge of the Madras High Court dismissed an application seeking to set aside an order dismissing leave to defend a suit due to the party's failure to furnish required security.
Application to set aside the order dated 28.02.2020 dismissing leave to defend was dismissed.
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 8TH DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
A.No. 2466 of 2020 in C.S. No.492 of 2019
C.S. No.492 of 2019:-
1.M/s Metal Impex, Represented by its partner Mr. Kamlesh Jain Prince Apartment, 59, Ormes Raod,7th Floor, Kilpauk, Chennai-600 010. 2.Sneh. M.Jain, S/o. Mr. Mukesh Kumar Jain, Falt No.3D,Jain Villa Apartment,3rd Floor, No.9/10,Clemens Road,Vepery, Chennai-600 007. 3.Mrs.Kalawati, wife of Mr.Sohanlal, No.20/2,Salai Street, Choolai, Chennai-600 112. ... Plaintiffs -vsMrs.Kanthimathi Bhaskar W/o. P.C.Bhaskar No.89,Poes Garden, https://hcservices.ecourts.gov.in/hcservices/ Chennai 600 086. ... Defendant
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A.No. 2466 of 2020:-
Mrs.Kanthimathi Bhaskar W/o. P.C.Bhaskar No.89,Poes Garden, Chennai 600 086 ... Applicant
Vs.
1.M/s Metal Impex, Represented by its partner Mr. Kamlesh Jain Prince Apartment, 59, Ormes Raod,7th Floor, Kilpauk, Chennai-600 010. 2.Sneh. M.Jain, S/o. Mr. Mukesh Kumar Jain, Falt No.3D,Jain Villa Apartment,3rd Floor, No.9/10,Clemens Road,Vepery, Chennai-600 007. 3.Mrs.Kalawati, wife of Mr.Sohanlal, No.20/2,Salai Street, Choolai, Chennai-600 112. ... Respondents
Application praying that this Hon'ble Court be pleased to set aside the Decree and Judgment dated 28.02.2020 passed by the Learned Master of the High Court of Madras in A.No.6614 of 2019 in C.S.No.492 of 2020.
This Application coming on this day before this court for hearing, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ This application has been filed by the applicant / defendant to set
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aside the decree and judgment dated 28.02.2020 passed by the learned Master of the High Court of Madras in A.No.6614 of 2019 in C.S.No.492 of
the learned Master has to be set aside and the application has to be allowed.
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has filed the application before the learned Master for leave to defend and
the said application was allowed on condition to furnish security for a sum of Rs.1.50 Crores and admittedly, the order was not complied with. Even
now the learned counsel for the applicant/defendant has not expressed the defendant's willingness to comply with the order of the learned Master. Therefore, there is no merit in this case and application has to be dismissed.
Sd./-PVJ.
08/03/2022
//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 15/03/2022
1 issue framed by the court
Whether the application to set aside the order dismissing leave to defend due to non-furnishing of security should be allowed.
Mrs. Kanthimathi Bhaskar
M/s Metal Impex (represented by Mr. Kamlesh Jain, Sneh M. Jain, Mrs. Kalawati)
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
