Allowed

A.Arulanandu Premkumar v. M/s.Sri Ambal Finance

Madras HC3 Sept 2024CMP(MD)/11526/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed Common Miscellaneous Petitions seeking to condone a 103-day delay in representing civil appeals against default decrees, applying the principle of providing an opportunity to resolve the dispute on merits.

What did the court decide?

Petitions allowed on condition that petitioners pay Rs. 1,000/- each towards Advocate Clerk's Welfare Association costs by 18.09.2024, failing which dismissed.

A.Arulanandu Premkumar Vs M/s.Sri Ambal Finance — Civil Procedure and Limitation | Madras HC (2024)

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CMP(MD) No.11526 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Third day of September Two Thousand and Twenty Four

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PRESENT The Honble Mr.Justice P.VELMURUGAN and The Honble Mr.Justice K.K.RAMAKRISHNAN C.M.P(MD)Nos.11526 & 11527 of 2024 in

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A.S.(MD)S.R.Nos.13989 & 13990 of 2024

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A.ARULANANDU PREMKUMAR ... PETITIONER/APPELLANT IN CMP(MD).11526/2024

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1 A.SOFIA RANI 2 A.ARULANANDU PREMKUMAR ... PETITIONERS/APPELLANTS IN CMP(MD).11527/2024

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M/S.SRI AMBAL FINANCE 52, BABU ROAD, TRICHIRAPPALLI, BY ITS PROPRIETOR N.BALAKRISHNAN, REPRESENTED BY HIS SON AND POWER AGENT N.B.SHRIRAMKUMAR ... RESPONDENT/RESPONDENT IN CMP(MD).11526/2024

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MANJULA REPRESENTED BY HIS SON AND POWER AGENT N.B.SHRIRAMKUMAR ... RESPONDENT/RESPONDENT IN CMP(MD).11527/2024

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Prayer in CMP(MD).11526/2024 :

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To Condone the dealy of 103 days caused in representation of the above appeal AS(MD) SR No.13989 of 2024.

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

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CMP(MD) No.11526 of 2024

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Prayer in AS(MD) SR.13989/2024 :

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To reverse and set aside the Judgment and decree in O.S.No.96 of 2017, on the file of 2^nd Additional District Judge, Trichy dated 18.10.2023.

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Prayer in CMP(MD).11527/2024 :

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To Condone the dealy of 103 days caused in representation of the above appeal AS(MD) SR No.13990 of 2024.

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Prayer in AS(MD) SR.13990/2024 :

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To reverse and set aside the Judgment and decree in O.S.No.97 of 2017, on the file of 2^nd Additional District Judge, Trichy dated 18.10.2023.

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COMMON ORDER : These Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.RAMESH, Advocate for the petitioner in both CMP's and none appeared either in person or by an advocate on behalf of the Respondent in both CMP's, the court made the following order:-

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These petitions have been filed to condone the delay of 103 days in representation of the appeals.

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2.Despite notice served, there is no representation on behalf of the respondent.

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3.The reasons stated in the accompanying affidavits are not satisfactory.

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However, in order to give opportunity to the parties to resolve the dispute on merits, the petitions are allowed on condition that the petitioners / appellants shall pay a sum of Rs.1,000/- (Rupees Thousand only) each to the Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, bearing Account No.496039124 at Indian Bank, High Court Branch, Madurai, towards costs, on or before 18.09.2024,

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failing which, the petitions shall stand dismissed automatically without any further https://www.mhc.tn.gov.in/judis

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2/3

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CMP(MD) No.11526 of 2024

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reference to Court.

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4.List the matter on 19.09.2024 'for reporting compliance'.

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sd/03/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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mbi

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THE II ADDITIONAL DISTRICT JUDGE, TRICHY.

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COPY TO

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THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN C.M.P(MD)Nos.11526 & 11527 of 2024 in A.S.(MD)S.R.Nos.13989 & 13990 of 2024 Date :03/09/2024

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RS/SG/SAR-(09.09.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

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A.Arulanandu Premkumar v. M/s.Sri Ambal Finance

Case brief

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A.Arulanandu Premkumar v. M/s.Sri Ambal Finance

Case brief

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