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Madras High Court

M/S.Sowmia Finance vs Mr.M.Sivanandam on 28 March, 2017

Author: S.Vaidyanathan

Bench: S.Vaidyanathan

        

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:  28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE  S.VAIDYANATHAN

S.A.No.1557 of 2011 
and
M.P.No.1 of 2011




1. M/s.Sowmia Finance,
    Rep. by its Partner Mr.B.K.Rajendran,
    No.604, Ponaiarajapuram, Coimbatore.

2. Mr.B.K.Rajendran
3. Mr.C.M.Ramaraj
    CBM & Co., 
    709, Raja Street, Coimbatore.

4. Mr.B.V.Sekar,
    Rajalakshmi & Co.,
    Big Bazar Street, Coimbatore.

5. Mr.N.K.Ramaswamy,
    Meenakshi Arecanut Co.,
    R.G. Street, Coimbatore-1.

6. Mr.K.M.Sathiamoorthy,
    K.C.M. & Sons,
    R.G. Street, Coimbatore-1

7. Mr.K.Ramaswamy					                     .. Appellants

Vs.


1. Mr.M.Sivanandam
2. Mr.M.Dhanabalan
3. Mr.V.Durai Balan							        .. Respondents



	Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 11.07.2011 in A.S.No.10 of 2011 on the file of the First Additional District Court, Coimbatore, against the judgment and decree dated 06.07.2010 in O.S.No.106 of 2006 on the file of the Second Additional Sub-Court, Coimbatore.


	For appellants    : Mr.L.Mouli
	For respondents : Mr.N.Damodaran for RR-1 and 2
			       Not ready in notice regarding R-3 


JUDGMENT

It is represented by the learned counsel for the appellants that he has no instructions from the appellants. Learned counsel for the appellants submitted that he has sent a letter dated 16.03.2017, which was received by the second appellant on behalf of the first appellant on 21.03.2017 and inspite of the same, as there was no response, learned counsel reports before this Court that he has no instructions. The learned counsel has filed a Memo dated 28.03.2017 to the above effect. The attitude of the appellants in not responding to the said letter of the learned counsel, only shows that the appellants are not interested in pursuing the appeal. Accordingly, while recording the said memo, the Second Appeal is dismissed. No costs. The Miscellaneous Petition is closed.

28.03.2017 Office to note:

Office is directed to scan the above said Memo, dated 28.03.2017 and also letter dated 16.03.2017 with postal acknowledgement card.
cs Copy to
1. The First Additional District Judge, Coimbatore.
2. The Second Additional Sub-Judge, Coimbatore.
3. The Record Keeper, V.R. Section, High Court, Madras.

S.VAIDYANATHAN, J cs S.A.No.1557 of 2011 28.03.2017 http://www.judis.nic.in