Allowed

Pradeep Ranganathan(Since Deceased),1.Cheryl Ranganathan v. M/S.Industrial Venture Captial Limited

Madras HC28 Nov 2024CMP/12803/2024

Case brief

AI extract

What is this about?

Wife and children of a deceased sole appellant sought condonation of 98 days' delay, setting aside of abatement of an appeal, and impleadment as legal representatives. The respondent did not oppose; the court accepted the explanation for delay and allowed all three applications, directing the cause title to be amended and the appeal listed after two weeks.

What the court decided

AI extract

Pradeep Ranganathan(Since Deceased),1.Cheryl… — Civil Procedure and Limitation | Madras HC (2024)

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CMP.Nos.12803,12807&12808/2024 in OSA.No.205/2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 28.11.2024

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CORAM

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THE HONOURABLE MR. JUSTICE S.S.SUNDAR

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AND

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THE HONOURABLE MR. JUSTICE P.DHANABAL

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CMP.Nos.12803,12807&12808/2024

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in OSA.No.205/2018

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Pradeep Ranganathan [deceased] 1.Cheryl Ranganathan 2.Shefali Ranganathan 3.Vaishali Ranganathan 4.Rahul Ranganathan

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.. Petitioners in all the petitions

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Versus

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M/s.Industrial Venture Capital Limited Having its registered Office currently at No.10, R Block, II Floor Prem Nagar Colony, South Boag Road T.Nagar, Chennai 600 017 rep.by its Law Officer A.Hema Jothi .. Respondent in all petitions

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Prayer in CMP.No.12803/2024: Petition filed under Order XIV Rule 8

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of OS Rules read with Section 5 of Limitation Act to condone the delay of 98 days in filing the petition to set aside the abatement in

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https://www.mhc.tn.gov.in/judis

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CMP.Nos.12803,12807&12808/2024 in OSA.No.205/2018

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OSA.No.205/2018 on account of the death of sole appellant Mr.Pradeep Ranganathan dated 21.10.2022.

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Prayer in CMP.No.12807/2024: Petition filed under Order XIV Rule 8 of OS Rules read with under Order XXII Rule 9 of CPC to set aside the abatement of OSA.No.205/2018 on account of the death of the sole appellant Mr.Pradeep Ranganathan dated 21.10.2022.

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Prayer in CMP.No.12808/2024: Petition filed under Order XIV Rule 8 of OS Rules read with Under Order XXII Rule 3 of CPC to bring the petitioners 1 to 4 herein on record as the legal representatives of deceased sole appellant Mr.Pradeep Ranganathan in OSA.No.205/2018 as appellants 2 to 5 in the said OSA.

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For Petitioners in all petitions : Mr.Charles Kamalesh For Respondent in all petitions : Mr.Naveen Infant for Mr.Najeeb Usman Khan

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COMMON ORDER

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[Order of the Court was made by S.S.SUNDAR, J.,]

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(1) These petitions are filed to condone the delay of 98 days in filing a petition to set aside abatement caused due to the death of the sole

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appellant ; to set aside the abatement and to bring on record the proposed petitioners as the legal representatives of the deceased sole appellant as appellants 2 to 5 in OSA.No.205/2018.

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https://www.mhc.tn.gov.in/judis

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(2)

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CMP.Nos.12803,12807&12808/2024 in OSA.No.205/2018

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(2) In the affidavit filed in support of the petition in

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CMP.No.12803/2024, the petitioners, who are wife and children of the deceased sole appellant, have properly explained the delay to the satisfaction of this Court. The relationship is not in dispute. The applications are not opposed by the contesting respondent.

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