This judgment disposed of three Original Side Appeals (OSAs) and three Civil Miscellaneous Petitions (CMPs) as closed and withdrawn. The court held these proceedings infructuous following the withdrawal of the parent Commercial Court main suit on April 16, 2024. No order as to costs was made.
OSAs and CMPs disposed of as closed/withdrawn; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
O.S.A(CAD)Nos.24, 25 and 26 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2024
CORAM THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN
THILAKAVADI
O.S.A(CAD)Nos.24, 25 and 26 of 2023 and C.M.P.Nos.5944, 5952 & 5954 of 2023 in O.S.A(CAD)Nos.24, 25 and 26 of 2023
Mr.V.K.R.Venkatesan trading as V.K.R.Prakash Modern Rice Mill 34/8, Kalleripatu Colony Road Arni Taluk Thiruvannamalai District 632 317 represented by his power agent Mr.R.Yuvaraj residing at No.40, Flat No.4 Madhuram Apartments, 1st Main Road New Colony, Chrompet Chennai-600 044. ... Appellant in all OSAs
Vs.
M.Selvanambi trading as Sri Venkateswara Modern Rice Mills Irumbedu, Arani-632 317. ... Respondent in all OSAs
Page Nos.1/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
OSA(CAD)No.24 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.816 of 2022 in C.S(Comm.Div.)No.249 of 2022.
OSA(CAD)No.25 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.815 of 2022 in C.S(Comm.Div.)No.249 of 2022.
OSA(CAD)No.26 of 2023 filed under Section 13 of the Commercial Courts Act, 2015 read with Order 43 Rule 1 of CPC read with Order XXXVI Rule 9 of Original Side Rules praying to set aside the common order dated 07.02.2023 in O.A.No.814 of 2022 in C.S(Comm.Div.)No.249 of 2022.
For Appellant in all OSAs : Mr.A.Swaminathan For Respondent in all OSAs : Mr.T.D.Selvan Babu
Page Nos.2/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
C O M M O N J U D G M E N T
[Judgment of the Court was made by M.SUNDAR, J.,] Matter mentioned at half past ten.
the three captioned 'Original Side Appeals' [hereinafter 'OSAs' for the sake of convenience and clarity] and petitioner in captioned 'Civil Miscellaneous Petitions' [hereinafter 'CMPs' for the sake of convenience and clarity] and Mr.T.D.Selvan Babu, learned counsel for sole respondent in all the three captioned OSAs and captioned CMPs are before us.
become infructuous.
Page Nos.3/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
been withdrawn and a copy of the order is as follows:
Page Nos.4/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
Page Nos.5/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
Page Nos.6/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
Page Nos.7/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
reproduction of the same are as follows:
Endorsement in O.S.A(CAD)No.24 of 2023:
Endorsement in O.S.A(CAD)No.25 of 2023:
Page Nos.8/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
Endorsement in O.S.A(CAD)No.26 of 2023:
Division makes it clear that the main suit itself has been withdrawn and therefore, the captioned OSAs arising out of interim orders thereat have obviously become infructuous.
Page Nos.9/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
Mr.A.Swaminathan, learned counsel for appellant and Mr.T.D.Selvan Babu,
learned counsel for respondent express regret for missing the matter yesterday.
CMPs are disposed of as closed / withdrawn having become infructuous.
There shall be no order as to costs.
Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No
mk
To
The Sub-Assistant Registrar Original Side High Court, Madras.
Page Nos.10/11
O.S.A(CAD)Nos.24, 25 and 26 of 2023
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.,
mk
O.S.A(CAD)Nos.24, 25 and 26 of 2023
06.06.2024
Page Nos.11/11
2 issues framed by the court
Whether the appeals become infructuous upon withdrawal of the main suit.
How the court should dispose of the appeals where the parent application has been withdrawn.
1 provisions across 1 enactments
Thilakavadi O.S.A(CAD)Nos.24, 25 and 26 of 2023
M.Selvanambi
M.SUNDAR
K.GOVINDARAJAN THILAKAVADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
