Appeal against confirmation of a warrant of arrest in execution was dismissed as infructuous because the Master had already issued a fresh warrant of arrest on a later date, rendering the challenged order ineffective.
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O.S.A.(CAD)No.137 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
O.S.A.(CAD).No.137 of 2025 and C.M.P.No.30046 of 2025
1.Chandrasekaran
...Appellants
Vs.
M/s.RAGA Foundations Pvt. Ltd., No.23/12, Desika Road, Alwarpet, Chennai – 600 004.
...Respondent
PRAYER: This Original Side Appeal filed under Order XXXVI Rule 11 of the Original Side Rules read with Section 13(1A) of the Commercial Courts Act, 2015, praying to set aside the common order dated 10.11.2025 passed in A.Nos.3670 of 2025 in E.P.No.56 of 2019 and consequently allow Application No.3670 of 2025 by setting aside the learned Master’s order dated 18.07.2025 issuing fresh warrant of arrest.
For Appellants : Mr.N.L.Rajah, Senior Counsel for Mrs.S.Ramya For Respondent : Mr.K.V.Babu ---------------Page No.:1/4
O.S.A.(CAD)No.137 of 2025
J U D G M E N T
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)arn
The impugned order dated 10.11.2025 confirming the warrant of
arrest issued by the Master dated 18.07.2025 has been challenged.
2. The learned counsel for the respondent has furnished a copy of the subsequent order passed by the learned Master on 21.11.2025 issuing a fresh warrant of arrest against the Judgment Debtor and the matter was directed to be called on 05.01.2026. Meanwhile, the appellant herein has filed an application, which is yet to be numbered.
3. In view of the said factum, the order under challenge has become infrucutuous. Hence, this Original Side Appeal stands dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.
(S.M.S., J.) (C.K., J.) 08.12.2025
dsa Internet :Yes/No Index :Yes/No Neutral Citation :Yes/No ----------------
Page No.:2/4
O.S.A.(CAD)No.137 of 2025
To:
M/s.RAGA Foundations Pvt. Ltd., No.23/12, Desika Road, Alwarpet, Chennai – 600 004.
Page No.:3/4
O.S.A.(CAD)No.137 of 2025
------------------------------------ S.M.SUBRAMANIAM, J. and C.KUMARAPPAN, J.
dsa
O.S.A.(CAD) No.137 of 2025
08.12.2025
Page No.:4/4
2 provisions across 2 enactments
Chandrasekaran
Sanjeev Kumar
S.C.Vijayakumar
M/s.VNS Leather Exports Pvt. Ltd.
M/s.RAGA Foundations Pvt. Ltd.
S.M.Subramaniam
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
