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Eskay Designs Vs C.H. Venkateswara Rao — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Eskay Designs Vs C.H. Venkateswara RaoEskay Designs v. C.H. Venkateswara Rao

Disposed¶38-39

Eskay Designs v. C.H. Venkateswara Rao

Madras HC18 Feb 2025OSA/46/2025

Case brief

AI extract

What is this about?

O.S.A.No.46 of 2025; M/s.Eskay designs (prop. K.Shivashankar Kailash) v. Dr.C.H.Venkateswara Rao, Mrs.C.H.Suseela Rani and Mr.K.Sailendra Kumar; Madras High Court; decided 18.02.2025; Neutral Citation 2025:MHC:470; condonation of delay of 21 days; Original Side Appeal against order dated 09.08.2024 in A.No.3348 of 2024 in C.S.No.2/2020; direction to remit Rs.75.00 lakhs; decreed amount Rs.1,24,21,512/- with interest; amount remitted 14.10.2024 and paid out 06.01.2025; nothing survives; appeal closed; no costs; Order XXXVI Rule 9 Original Side Rules; Clause 15 Letters Patent; counsel G.Subhashini.R for appellants, K.V.Babu for R1 and R3.

What did the court decide?

Condonation of the 21-day delay in filing the Original Side Appeal; C.M.P.No.27060 of 2024 ordered; Registry directed to number the Original Side Appeal; the appeal and the connected miscellaneous petition closed, with no costs.

Why is it important?

The delay of 21 days in preferring the Original Side Appeal is condoned and CMP No.27060 of 2024 is ordered. ¶35-36

What the court decided

AI extract

Outcome

Condonation of the 21-day delay in filing the Original Side Appeal; C.M.P.No.27060 of 2024 ordered; Registry directed to number the Original Side Appeal; the appeal and the connected miscellaneous petition closed, with no costs.

Issue for consideration

Whether the 21-day delay in preferring the Original Side Appeal should be condoned (C.M.P.No.27060 of 2024). +1 more

Court's answer

The delay of 21 days in preferring the Original Side Appeal is condoned and CMP No.27060 of 2024 is ordered.

Ratio / Principle

Nothing further survives in the Original Side Appeal; the appeal is closed, with no costs, and the connected miscellaneous petition is also closed; the Registry was directed to number the appeal.

Detailed headnote1 paragraphs

Madras High Court (Division Bench: Dr. Justice Anita Sumanth and Justice C. Kumarappan; judgment delivered by C. Kumarappan, J.), 18.02.2025, Neutral Citation 2025:MHC:470. In O.S.A.No.46 of 2025 (Eskay designs and another v. Dr.C.H.Venkateswara Rao and others), filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 09.08.2024 in A.No.3348 of 2024 in C.S.No.2/2020 — which rejected the application and directed the appellants to remit Rs.75.00 lakhs to the credit of the suit within eight weeks, as against the decreed amount of Rs.1,24,21,512/- with interest — the Court, recording that the entire amount had been remitted on 14.10.2024 and paid out to the respondents on 06.01.2025, condoned the 21-day delay in filing the appeal, ordered CMP No.27060 of 2024, and held that nothing further survived in the appeal; the appeal and the connected miscellaneous petition were closed with no costs.

A

2025:MHC:470

O.S.A.No.46 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2025

CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

O.S.A.No.46 of 2025 and CMP Nos.27060 of 2024 and 3840 of 2025

1.M/s.Eskay designs

A Proprietary Concern rep. by its Proprietor, Mr.K.Shivashankar Kailash, No.6/25, Kailash, First Street, Cenotaph Road, Teynampet, Chennai – 600 018.

2.Mr.K.Shivashankar Kailash,

Prop: M/s.Eskay designs No.6/25, Kailash, First Street, Cenotaph Road, Teynampet, Chennai-600 018.

.. Appellants

vs

1.Dr.C.H.Venkateswara Rao

2.Mrs.C.H.Suseela Rani

3.Mr.K.Sailendra Kumar

.. Respondents

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

1/4

O.S.A.No.46 of 2025

Prayer : Appeal filed under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent, against the Order dated

09.08.2024 made in Application No.3348/2024 in C.S.No.2/2020 by this Court.

For Appellants : Ms.G.Subhashini .R For Respondents : Mr.K.V.Babu (for R1 & R3)

JUDGMENT (Delivered by C.KUMARAPPAN.,J)

C.M.P.No.27060 of 2024 seeking condonation of delay of 21 days

in preferring the Original Side Appeal is listed today.

The relevant events that have transpired are as follows:

The challenge is as against order dated 09.08.2024 passed in

A.No.3348 of 2024, where the application was rejected directing the appellants to remit a sum of Rs.75.00 lakhs to the credit of C.S.No.2 of 2020 within a period of eight weeks from date of receipt of a copy of that order. In fact, the direction to remit a sum of Rs.75.00 lakhs is as against the decreed amount of Rs.1,24,21,512/- along with interest.

Both Ms.Subhashni.R., learned counsel for the appellants as well as Mr.K.V.Babu, learned counsel for R1 and R3 would concur on the position that notwithstanding order dated 09.08.2024, the entirety of the

https://www.mhc.tn.gov.in/judis amount was remitted on 14.10.2024 and proceedings were initiated by the

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O.S.A.No.46 of 2025

respondents seeking payment out of the amount, which has been ordered and the amount has been received by the respondents on 06.01.2025.

In light of the aforesaid, the delay of 21 days in preferring the

Original Side Appeal is condoned and CMP No.27060 of 2024 is ordered.

Accordingly, the Registry is directed to number the Original Side Appeal and listed the appeal under special list today.

In light of the aforesaid, nothing further survives in this Original

Side Appeal and the same is closed. No costs. Connected Miscellaneous Petition is also closed.

[A.S.M., J] [C.K., J] 18.02.2025

Index:Yes Speaking order Neutral Citation:Yes sl

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

3/4

O.S.A.No.46 of 2025

DR. ANITA SUMANTH,J. and C.KUMARAPPAN,J.

sl

O.S.A.No.46 of 2025 and CMP Nos.3840 of 2025

18.02.2025

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

4/4

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the 21-day delay in preferring the Original Side Appeal should be condoned (C.M.P.No.27060 of 2024).¶25-26
The court held
The delay of 21 days in preferring the Original Side Appeal is condoned and CMP No.27060 of 2024 is ordered.ratio¶35-36
2.
Whether anything further survives in the Original Side Appeal given that the entire directed amount was remitted on 14.10.2024 and paid out to the respondents on 06.01.2025.¶38-39
The court held
Nothing further survives in the Original Side Appeal; the appeal is closed, with no costs, and the connected miscellaneous petition is also closed; the Registry was directed to number the appeal.ratio¶38-39

Statutes considered

2 provisions across 2 enactments

AI extract

Original Side RulesOrder XXXVI Rule 9¶21
Letters PatentClause 15¶21

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 09.08.2024 in Application No.3348/2024 in C.S.No.2/2020 rejecting the application and directing the appellants to remit Rs.75.00 lakhs to the credit of C.S.No.2 of 2020 within eight weeks, as against the decreed amount of Rs.1,24,21,512/- along with interest.¶28-29
This Court (High Court of Judicature at Madras) · 09.08.2024
Prior proceeding
C.M.P.No.27060 of 2024 filed seeking condonation of delay of 21 days in preferring the Original Side Appeal.¶25-26
Prior proceeding
Notwithstanding the order dated 09.08.2024, the entirety of the amount was remitted on 14.10.2024; respondents sought payment out, which was ordered and received by them on 06.01.2025.¶31
Prior proceeding
Payment out of the remitted amount was ordered and received by the respondents on 06.01.2025.¶34

Parties & counsel

AI extract

appellant
M/s.Eskay designs¶8-9
Ms.G.Subhashini .R
appellant
Mr.K.Shivashankar Kailash¶10-11
Ms.G.Subhashini .R
respondent
Dr.C.H.Venkateswara Rao¶14
Mr.K.V.Babu
respondent
Mrs.C.H.Suseela Rani¶15
respondent
Mr.K.Sailendra Kumar¶16
Mr.K.V.Babu

Coram

AI extract

Dr. Justice Anita Sumanthmember¶6
Mr. Justice C. Kumarappanauthor¶24

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Feb 2025 · February
Registered: 18 Feb 2025
Case no.: OSA/46/2025
CNR: HCMA011847672024
Bench: Anita Sumanth C.kumarappan
Disposal: CLOSED
Case type: O.S.A.

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Cite this judgement

Eskay Designs v. C.H. Venkateswara Rao, OSA/46/2025 (MAD), decided on 18 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Original Side RulesOrder XXXVI Rule 9
Letters PatentClause 15

View all statutes

Procedural history4

Order dated 09.08.2024 in Application No.3348/2024 in C.S.No.2/2020 rejecting the application and directing the appellants to remit Rs.75.00 lakhs to the credit of C.S.No.2 of 2020 within eight weeks, as against the decreed amount of Rs.1,24,21,512/- along with interest.This Court (High Court of Judicature at Madras) · 09.08.2024
C.M.P.No.27060 of 2024 filed seeking condonation of delay of 21 days in preferring the Original Side Appeal.
Notwithstanding the order dated 09.08.2024, the entirety of the amount was remitted on 14.10.2024; respondents sought payment out, which was ordered and received by them on 06.01.2025.

View full history

Bench / Coram

Dr. Justice Anita Sumanth and Mr. Justice C. Kumarappan

Parties & counsel