Allowed

M/s Sangeetha Caterers And Consultants LLP v. M/S Nellai Sangeethas

Madras HC11 Dec 2024OA/545/2024

Case brief

AI extract

What is this about?

The Court, where the respondent failed to appear despite service, converted a prior interim injunction into an absolute order, allowed a prayer to combine causes of action, and directed ex parte recording of evidence in the suit.

What did the court decide?

O.A. No.545 of 2024 allowed; A.No.4045 of 2024 allowed; defendant set ex parte; matter posted for ex parte evidence.

M/s Sangeetha Caterers And Consultants LLP… — Contract and Commercial Disputes | Madras HC (2024)

¶1

OA. 545 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2024 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE

¶3

OA. 545 of 2024 AND

¶4

C.S(COMM DIV). 140 OF 2024,A. 4045 OF 2024

¶5

M/S SANGEETHA CATERERS AND CONSULTANTS LLP NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶6

APPLICANT(S)

¶7

¶8

M/S NELLAI SANGEETHAS NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶9

RESPONDENT(S)

¶10

C.S(COMM DIV). 140 of 2024

¶11

M/s Sangeetha Caterers And Consultants Llp REPRESENTED BY ITS DESIGNATED PARTNERS 1.MR.P.RAJAGOPAL 2.MR.P.SURESH NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI - 600 020

¶12

APPLICANT(S)

¶13

¶14

M/S NELLAI SANGEETHAS REPRESENTED BY ITS DESIGNATED PARTNERS 1.MR.P.RAJAGOPAL 2.MR.P.SURESH NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI - 600 020

¶15

RESPONDENT(S) A. 4045 of 2024

¶16

M/s Sangeetha Caterers And Consultants Llp NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶17

APPLICANT(S)

¶18

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

1/4

OA. 545 of 2024

M/S NELLAI SANGEETHAS NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶23

RESPONDENT(S)

¶24

OA. 545 of 2024

¶25

For Applicant(s): M/S. L RAJASEKAR L.G.SAHADEVAN SUNITHA KUMARI P.RAKESH KUMAR MOBILE: 9841051406

¶26

For Respondent(s):

¶27

AOS FILED D.NO.30943/2024 DT.16.08.2024 SOLE RESPONDENT - PRIVATE NOTICE SERVED SOLE RESPONDENT - M/S NELLAI SANGEETHAS NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI C/N - SERVED

¶28

C.S(COMM DIV). 140 of 2024

¶29

For Applicant(s)(s):

¶30

L RAJASEKAR L.G.SAHADEVAN SUNITHA KUMARI P.RAKESH KUMAR MOBILE: 9841051406

¶31

For Respondent(s):

¶32

SOLE DEFENDANT SERVED ON 31.08.2024

¶33

A. 4045 of 2024

¶34

For Applicant(s)(s):

¶35

L RAJASEKAR L.G.SAHADEVAN SUNITHA KUMARI P.RAKESH KUMAR MOBILE: 9841051406 MOBILE: 9841054406

¶36

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

¶37

2/4

¶38

OA. 545 of 2024

¶39

For Respondent(s):

¶40

AOS FILED D.NO.30942/2024 DT 16.08.2024 SOLE RESPONDENT - PRIVATE NOTICE SERVED SOLE RESPONDENT - M/S NELLAI SANGEETHAS NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶41

ORDER

¶42

The applicant/plaintiff is having the benefit of an interim injunction order in O.A. No.545 of 2024 since 09.08.2024.

¶43

2.The respondent/defendant has been duly served in both the Interlocutory Applications i.e. O.A. No.545 of 2024 and A.No.4045 of 2024. The name of the respondent/defendant is also printed in the cause list today. The respondent/defendant is therefore set exparte by this Court in this application.

¶44

3.This Court, while granting the interim order on 09.08.2024, has observed that the applicant/plaintiff has made out a prima facie case. Since the respondent/defendant has not entered appearance till date, the interim injunction granted by this Court in favour of the applicant/plaintiff in O.A. No.545 of 2024 on 09.08.2024 is made absolute and O.A. No.545 of 2024 is allowed as prayed for.

¶45

4.A.No.4045 of 2024 has been filed seeking permission of this Court to combine the cause of action.

¶46

5.Since sufficient cause has been shown by the applicant/plaintiff for

¶47

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

¶48

3/4

¶49

OA. 545 of 2024

¶50

combining the cause of action, A.No.4045 of 2024 is allowed as prayed for.

¶51

6.Since the suit summons has been served and till date, no one has entered appearance on behalf of the defendant, the defendant is set exparte by this Court in the suit as well.

¶52

7.Post the matter before the learned Additional Master I for recording exparte evidence on 03.01.2025.

11.12.2024

OA. 545 of 2024

1.M/S NELLAI SANGEETHAS NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶57

C.S(COMM DIV). 140 of 2024

¶58

1.M/S NELLAI SANGEETHAS REPRESENTED BY ITS DESIGNATED PARTNERS 1.MR.P.RAJAGOPAL 2.MR.P.SURESH

¶59

NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI - 600 020

¶60

A. 4045 of 2024

¶61

1.M/S NELLAI SANGEETHAS

¶62

NO.7, GANDHI NAGAR, 1ST MAIN ROAD, 4TH FLOOR, ADYAR, CHENNAI

¶63

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

¶64

4/4

M/s Sangeetha Caterers And Consultants LLP v. M/S Nellai Sangeethas

Case brief

What is this about?

What did the court decide?

M/s Sangeetha Caterers And Consultants LLP v. M/S Nellai Sangeethas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kovilpatti Lakshmi Roller Flour Mills Limited (Klfrm) Vs P.R.Srinivasan and Co., (Prs and Co)

Kovilpatti Lakshmi Roller Flour Mills Limited (Klfrm) Vs P.R.Srinivasan and Co., (Prs and Co)

A.Ruthramoorthy Trading as M/s. Bharani Engineering Work Vs P.Moorthy

Financiere Batteur Sas Vs Kalai Arasu trading as Spot Light

Mital Surendira Vs Malack Safaa Fathima and another

Thyro Laboratories Vs Thyrocare Technologies Ltd.