Dismissed¶27

Indian Bank v. M.A.V.R. Nadaraja Nadar and Sons

Madras HC4 Jun 2025CMP(MD)/124/2023

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), K.K. Ramakrishnan J., 04.06.2025 — CMP(MD)No.124 of 2023 in AS(MD)No.69 of 2007 — Indian Bank v. M.A.V.R. Nadaraja Nadar & Sons — restoration petition dismissed for non-prosecution; Rs.10,000/- non-refundable deposit to Head Master, Sethupathi Govt. HSS Tiruchuli (SBI A/c 30700985498) directed; compliance 03.07.2025.

What did the court decide?

Despite numerous opportunities given across successive sittings (including posting under the caption for dismissal on 04.06.2025), there was again no representation on behalf of the appellant; accordingly the restoration petition CMP(MD)No.124 of 2023 is dismissed for non-prosecution. ¶27

Indian Bank Vs M.A.V.R. Nadaraja Nadar and Sons — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether CMP(MD)No.124 of 2023 — the appellant's application to restore appeal A.S.No.69 of 2007, which had been dismissed for non-prosecution on 04.03.2024 — should be granted and the appeal restored.

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Court's answer

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Ratio / Principle

While dismissing the petition, the Court directed the appellant to deposit Rs.10,000/- (Rupees Ten Thousand Only) as a non-refundable sum to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli (State Bank of India, Tiruchuli, A/c No.30700985498, IFSC SBIN0003832) within four weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Restoration petition CMP(MD)No.124 of 2023 in AS(MD)No.69 of 2007 (Indian Bank, petitioner/appellant, vs M.A.V.R. Nadaraja Nadar & Sons and others) — Madurai Bench of Madras High Court, Justice K.K. Ramakrishnan, order dated 04.06.2025: DISMISSED FOR NON-PROSECUTION. Background: the bank's suit O.S.No.175 of 1981 (Subordinate Judge, Srivilliputhur) for recovery of amount having been dismissed, its appeal A.S.No.69 of 2007 — pending from 2010 onwards — was itself dismissed for non-prosecution on 04.03.2024 after repeated non-appearance of the appellant. On the restoration application, representation was again absent on several occasions; the Court therefore dismissed the CMP and directed the appellant to deposit Rs.10,000/- (Rupees Ten Thousand Only) as a non-refundable sum to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli (State Bank of India, Tiruchuli, A/c No.30700985498, IFSC SBIN0003832), within four weeks of receipt of a copy of the order, compliance fixed for 03.07.2025. No counsel appeared for either side; no statutory provision or precedent is cited in the order.

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CMP(MD) No.124 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Wednesday, the Fourth day of June Two Thousand and Twenty Five

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PRESENT

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The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

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CMP(MD) No.124 of 2023 in AS(MD)No.69 of 2007

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INDIAN BANK REP BY ITS ASST.GENERAL MANAGE, 31, RAJAJI SALAI, MADRAS-1.

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... PETITIONER/APPELLANT

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1 M.A.V.R. NADARAJA NADAR AND SONS, A PARTNERSHIP FIRM REP. BY ITS PARTNER, SRI M.A.V.R NADRARAJA NADAR, 2/2-A-1,M.M.ROAD, VIRUTHUNAGAR.

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2 M.A.V.R.NADARAJA NADAR,

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3 R.N.RAMESH,

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4 M/S.P.R.K NADAR AND CO., A PARTNERSHIP, FIRM,REPRESENTED BY ITS PARTNERS SRI, PR.K.J. NAGARAJAN, PATTVEERAN PATTY, DINDIGUL DISTRICT.

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5 M/S.P.R.KARUPPIAH NADAR AND CO,

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A PARTNERSHIP,, FIRM,REPRESENTED BY ITS PARTNERS SRI, PR.K.J. NAGARAJAN, PATTVEERAN PATTY, DINDIGUL DISTRICT. ... RESPONDENTS/RESPONDENTS

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1/4

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

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For Petitioner : No appearance

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CMP(MD) No.124 of 2023

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For Respondents 1 to 5 : No appearance

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ORDER

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The plaintiff in O.S.No.175 of 1981 on the file of the learned Subordinate Judge Srivilliputhur have filed the above appeal challenging the dismissal of the suit for recovery of amount. The appeal was from 2010 onwards. The appeal was posted before this Court under the caption for service on notice. On 24.07.2017, when the matter was taken up for hearing there was no representation on behalf of the appellant and the case was posted under the caption “for dismissal” on 25.07.2017. On 25.07.2017, the case was adjourned to 10.08.2017 at the request of the learned counsel for the appellant. Even after several adjournments, again there was no representation on behalf of the appellant. Thereafter, the case was posted under the caption “for dismissal” on 10.10.2017. Once again, there was a request for adjournment and again there was no representation on behalf of the appellant. Hence, the case was posted under the caption “for dismissal” on 27.02.2024 and 04.03.2024. On 04.03.2024 there was no representation and hence, above A.S.No.69 of 2007 has been dismissed for non prosecution.

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2/4

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

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CMP(MD) No.124 of 2023

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Thereafter, the appellant has filed this application in CMP(MD)No.124 of

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2023 to restore the same. This Court directed to take order notice and adjourned the case periodically. Thereafter on several occasions there was no representation on behalf of the appellant. Hence, on 03.06.2025, the case was posted under the caption “for dismissal” on 04.06.2025. Today also there is no representation on behalf of the appellant. Even though number of opportunities were given to the appellant, there was no representation. Therefore, this civil miscellaneous petition is dismissed for non prosecution with a direction to the appellant to deposit a sum of Rs.10,000/(Rupees Ten Thousand Only) as non-refundable to the credit of the Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Account No:30700985498, State Bank of India, Tiruchuli, IFSC Code:SBIN0003832, within a period of four weeks from the date of receipt of a copy of this order. For compliance on 03.07.2025

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sd/-

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04/06/2025 / TRUE COPY /

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/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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RGM

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3/4

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