Appeal against an order in a commercial suit was listed repeatedly for dismissal due to absence of appellant's counsel. With no representation on the final listing date, the appeal was dismissed for non-prosecution and the connected miscellaneous petition closed.
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C.M.A.No.2623 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.2623 of 2024 and CMP.No.20847 of 2024
1.M/s.Sakthi Ganesh Textiles Private Limited rep.by its Managing Director Mr.K.Harikumar S/o.Mr.Kalamegam 2.Mr.K.Hari Kumar S/o.Mr.Kalamegam 3.Mr.G.Parthiban S/o.Mr.Gopal ... Appellant Vs.
Senthil Kumar Textile Mills Private Limited rep.by its Managing Director Mr.R.Senthilkumar S/o.Mr.Ramachandran ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 43(1)(q) of the Civil Procedure Code r/w. Section 13 of the Commercial Courts
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C.M.A.No.2623 of 2024
Act, to set aside the fair and decreetal order dated 06.11.2023 in I.A.No.22 of 2022 in C.O.S.No.1 of 2022 passed by the Principal District Judge At Erode.
For Appellant : No appearance
For Respondent : M/s.Zeenath Begum
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
When the matter came up for hearing on 07.11.2024, the learned
counsel for the appellant was not present and the matter was directed to be listed on 08.11.2024 ''For dismissal''. On 08.11.2024, the learned counsel for the appellant appeared and prayed for short accommodation to get instructions and the case was posted on 22.11.2024. On 22.11.2024, again, the learned counsel for the appellant was not present and the case was directed to be listed on 25.11.2024 'For Dismissal'' .
for the respondent is present. It appears that the appellant is not interested in prosecuting the case. Therefore, this Court has no other
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C.M.A.No.2623 of 2024
option except to dismiss the appeal for non-prosecution. Accordingly, the
Civil Miscellaneous Appeal is dismissed for non-prosecution. No costs.
Consequently connected miscellaneous petition is closed
(J.N.B, J.) (R.S.V., J.) 02.12.2024
vsi
To
The Principal District Judge, Erode.
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C.M.A.No.2623 of 2024
J. NISHA BANU, J. and R. SAKTHIVEL, J.
vsi
C.M.A.No.2623 of 2024
02.12.2024
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M/s.Sakthi Ganesh Textiles Private Limited
Mr.K.Hari Kumar
Mr.G.Parthiban
Senthil Kumar Textile Mills Private Limited
J.Nisha Banu
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
