A conditional stay of execution granted by a predecessor bench required the appellant to deposit 25% of the decreetal amount within six weeks. The appellant failed to make the deposit, leading to dismissal of the CMP for non-compliance with the condition.
Null
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C.M.P.No.27744 of 2023
C.M.P.No.27744 of 2023 in Appeal(CAD)No.32 of 2023
M.SUNDAR, J., and
K.GOVINDARAJAN THILAKAVADI, J.,
[Order of the Court was made by M.SUNDAR. J.,]
Captioned main appeal is directed against a judgment and decree dated
30.11.2022 made in COS No.19 of 2021 on the file of Principal District
Judge's Court, Tiruppur. This '30.11.2022 judgment and decree' shall hereinafter be referred to as 'impugned judgment and decree' and 'Principal District Judge's Court, Tiruppur' shall hereinafter be referred to as 'said Commercial Court' both for the sake of convenience and clarity.
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C.M.P.No.27744 of 2023
[hereinafter 'Shiva' for the sake of convenience and clarity].
preferred an appeal against the impugned judgment and decree but one Ms.D.Prema, Wife of Duraisamy, sought third party leave to file the captioned appeal vide C.M.P.No.15062 of 2023 in
Appeal(CAD)SR.No.45016 of 2023 and on 27.11.2023, the following order was made by Hon'ble predecessor Bench:
'CMP No.15062 of 2023 in Appeal(CAD)SR.No.45016 of 2023
D.KRISHNAKUMAR,J., AND P.DHANABAL,J.,
(Order of the Court was made by D.Krishnakumar,J.)
This petition has been filed to grant leave to file the third
party appeal before this Court against Clause (3) and (4) of the Decree and Judgment dated 30.11.2022 made in COS No.19 of 2021 on the file of the learned Principal District Judge, Tiruppur.
The petitioner / appellant has also stated reasons in the affidavit filed in support of the present petition to grant leave to file the third party appeal.
At this juncture, learned counsel for the petitioner has informed this Court that the petitioner undertakes to deposit the
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C.M.P.No.27744 of 2023
amount, as directed by this Court.
In view of the statement made by the learned counsel for the
petitioner, this application is allowed.
Mr.K.Govi Gaesan, learned counsel takes notice for the first respondent.
Registry is directed to number the application filed to condone the delay in filing the third party appeal and post the matter on 28.11.2023.'
on record for petitioner submits that as of today, he does not have instructions
as to whether the deposit vide paragraph No.3 of the aforementioned order
dated 27.11.2023 has been made and seeks time to get instructions.
of deposit of 25% of decreetal amount should be deposited was granted by
Hon'ble predecessor Bench on 08.12.2022 and that order reads as follows:
'C.M.P. No.27744 of 2023 in Appeal (CAD) No.32 of 2023
D.KRISHNAKUMAR,J., and P.DHANABAL, J.,
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Seeking an order of interim stay in respect of Clauses (3) and
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C.M.P.No.27744 of 2023
2. Considering the grounds raised in the appeal, there shall be
an order of interim stay as prayed for on condition that the petitioner shall deposit 25% of the decree amount with interest to the credit of C.O.S. No.19 of 2021 on the file of the Principal District Judge, Tiruppur, within a period of six weeks from the date of receipt of a copy of this order.
Post the matter after six weeks.'
decreetal amount has not been deposited until today. Six weeks time frame has also elapsed and there is no disputation about this also. Therefore, captioned C.M.P.No.27744 of 2023 is dismissed for non-compliance of the condition. There shall be no order as to costs.
[M.S., J] [K.G.T., J] 06.06.2024 (1/2)
mk
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,
mk
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C.M.P.No.27744 of 2023
C.M.P.No.27744 of 2023 in Appeal(CAD)No.32 of 2023
06.06.2024 (1/2)
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1 issue framed by the court
Whether the conditional stay order dated 08.12.2022 requiring deposit of 25% of decreetal amount was complied with within the stipulated time.
Ms.D.Prema
South India INC
Shiva Texyarn Limited
M.SUNDAR
K.GOVINDARAJAN THILAKAVADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
