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Britannia Industries Limited, rep.by its Authorized Signatory v/s Sulochana Cotton spinning Mills Private Limited rep.by its General Manager

    C.R.P.(NPD) No.2661 of 2012 & M.P.No.1 of 2012

    Decided On, 19 July 2012

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G. RAJASURIA

    For the Petitioner: R. Jawaharlal, Advocate. For the Respondent: R. Sankarappan, Advocate.



Judgment Text

(Prayer: This civil revision petition is preferred under Article 227 of the Constitution of India as against the order dated 12.07.2012 passed by the learned I Additional District Judge, Coimbatore in I.A.No.520 of 2012 in Appeal A.S.No.59 of 2012.)

1. This civil revision petition has been focussed as against the order dated 12.07.2012 passed by the learned I Additional District Judge, Coimbatore in I.A.No.520 of 2012 in Appeal A.S.No.59 of 2012.

2. Heard both sides.

3. A thumbnail sketch of the germane facts, in a few broad strokes, absolutely necessary for the disposal of this civil revision petition would run thus:

Challenging the order of rejection of the application under Order 7 Rule 11 of CPC, the defendant/revision petitioner preferred appeal in A.S.No.59 of 2012, which is pending before the I Additional District Judge, Coimbatore. The said court also ordered status quo.

4. Being aggrieved by the said order, this revision is focussed.

5. At the time of submitting the arguments, the learned counsel for the revision petitioner would submit that the appeal is listed on 01.08.2012 before the appellate court for hearing both sides and the revision petitioner would be satisfied, if a suitable direction is given to the appellate authority for expeditious disposal of the appeal, preferably within a week.

6. Heard the learned counsel for the respondent/plaintiff also in this regard.

7. I could see considerable force in the submission made by the learned counsel for the petitioner.

8. Accordingly, the appellate court is directed to dispose of the appeal within the first week of August 2012.

9. The learned Advocates on both sides would also make an additional submission for being accepted that now presumably, the records relating to the appeal would be with the I Additional District Judge, Coimbatore and in view of the creation of new court for Tiruppur area, the records in the appeal may have to sent to the court concerned immediately

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for expeditious disposal as set out supra. As such, it is also ordered. 10. With the above directions, this civil revision petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
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