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Madras High Court

Dr.C.B.Paul Chellakumar vs M/S.Campus Abroad Educational ... on 4 September, 2024

Author: M.Sundar

Bench: M.Sundar

                                                                 O.S.A. (CAD) Nos.26 & 27 of 2024


                                       IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 04.09.2024

                                                         CORAM

                                        THE HONOURABLE MR.JUSTICE M.SUNDAR
                                                       and
                                       THE HONOURABLE MR.JUSTICE R.SAKTHIVEL


                                    O.S.A. (CAD) Nos.26 and 27 of 2024
                                                   and
                          C.M.P. Nos.5106, 5107 and 5110 of 2024 in O.S.A. (CAD)
                                              No.26 of 2024
                                                   and
                          C.M.P. Nos.5104, 5105 and 5109 of 2024 in O.S.A. (CAD)
                                              No.27 of 2024



                     Dr.C.B.Paul Chellakumar                              .. Appellant in
                                                                             both OSAs

                                                           Vs

                     M/s.Campus Abroad Educational Services,
                     Room No.S-32 II Floor,
                     Emerald Building, IG Road,
                     Near Big Bazar, Calicut,
                     Kerala – 673 004.                                  .. Respondent in
                                                                           both OSAs




                                  Appeals filed under Section 13 (1) of The Commercial Courts

                     Act, 2015 to set aside the order and decretal order dated

                     01.11.2023 passed in O.A.Nos.790 and 791 of 2023 in C.S.

                     (Com.Div.) No.219 of 2023.


https://www.mhc.tn.gov.in/judis
                     Page 1 of 5
                                                                    O.S.A. (CAD) Nos.26 & 27 of 2024



                                  For Appellant   :        Ms.S.Sathyagandhi
                                                           for Ms.S.Rajeni Ramadass
                                                           of M/s. Rajeni Associates
                                                           in both OSAs

                                  For Respondent :         No appearance



                                                  COMMON JUDGMENT

(Judgment of the Court was delivered by M.Sundar, J.) Ms.S.Sathyagandhi of M/s.Rajeni Associates (Law Firm), learned counsel on record for the appellant in both the captioned 'Original Side Appeals' ('OSAs' in plural and 'OSA' in singular for the sake of brevity) and petitioner in the captioned 'Civil Miscellaneous Petitions' ('CMPs' in plural and 'CMP' in singular for the sake of brevity) thereat seeks leave of this Court to withdraw the captioned OSAs and captioned CMPs thereat, saying that the same have become infructuous as the OSAs arise out of interim orders and disposal of the main suit itself is in the anvil, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:

https://www.mhc.tn.gov.in/judis Page 2 of 5 O.S.A. (CAD) Nos.26 & 27 of 2024

2. Aforementioned endorsement is reiterated in the hearing. https://www.mhc.tn.gov.in/judis Page 3 of 5 O.S.A. (CAD) Nos.26 & 27 of 2024

3. In the light of the aforementioned endorsement, captioned two OSAs and captioned six CMPs thereat are disposed of as closed/withdrawn. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter and therefore the main matter shall be disposed of by the Hon'ble Commercial Division on its own merits and in accordance with law untrammeled by this order. There shall be no order as to costs.

                                                                     (M.S.J.)     (R.S.V.J.)
                                                                           04.09.2024
                     Index:Yes/No
                     Neutral Citation: Yes/No
                     mmi



                     To


                     The Sub Assistant Registrar,
                     Original Side, High Court,
                     Madras.




https://www.mhc.tn.gov.in/judis Page 4 of 5 O.S.A. (CAD) Nos.26 & 27 of 2024 M.SUNDAR, J., and R.SAKTHIVEL, J., mmi O.S.A. (CAD) Nos.26 and 27 of 2024 04.09.2024 https://www.mhc.tn.gov.in/judis Page 5 of 5