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M/s. Shruthi Fabrics(Firm) By its Managing Partner, T. Rajapandian Office at SITCO Industrial Estate & Others v/s Sri Sarvesh Cotton Mills Limited


Company & Directors' Information:- P A S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111TN2005PTC058104

Company & Directors' Information:- V R A COTTON MILLS PRIVATE LIMITED [Active] CIN = U15311PB1997PTC020061

Company & Directors' Information:- C A V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1987PTC002014

Company & Directors' Information:- A R S FABRICS PRIVATE LIMITED [Active] CIN = U17115TZ2005PTC011921

Company & Directors' Information:- V K S M COTTON MILLS LIMITED [Active] CIN = U17111TZ1998PLC008682

Company & Directors' Information:- A R FABRICS PRIVATE LIMITED [Active] CIN = U17200DL2011PTC219522

Company & Directors' Information:- C K FABRICS PRIVATE LIMITED [Active] CIN = U17291TG2012PTC080223

Company & Directors' Information:- P K COTTON MILLS PRIVATE LIMITED [Active] CIN = U17111DL2004PTC130281

Company & Directors' Information:- S L D R FABRICS PVT LTD [Active] CIN = U17111PB1987PTC007634

Company & Directors' Information:- D M FABRICS PRIVATE LIMITED [Active] CIN = U17220WB1996PTC081807

Company & Directors' Information:- K K P FABRICS PRIVATE LIMITED [Active] CIN = U65999TZ1988PTC002284

Company & Directors' Information:- S N FABRICS PRIVATE LIMITED [Active] CIN = U18101WB2005PTC102631

Company & Directors' Information:- M J FABRICS PVT LTD [Active] CIN = U51909WB1992PTC057145

Company & Directors' Information:- J K T FABRICS PVT LTD [Active] CIN = U17120MH1981PTC025168

Company & Directors' Information:- K P G COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1993PTC004509

Company & Directors' Information:- D B V COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1982PTC001145

Company & Directors' Information:- S K FABRICS PVT LTD [Active] CIN = U18101PB1983PTC005690

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Active] CIN = U17116MH1985PTC034978

Company & Directors' Information:- H M C FABRICS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1993PTC004758

Company & Directors' Information:- T M FABRICS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC045387

Company & Directors' Information:- B D S FABRICS PRIVATE LIMITED [Strike Off] CIN = U18201PB1997PTC020171

Company & Directors' Information:- K J N FABRICS PRIVATE LIMITED [Active] CIN = U17291UP2012PTC048868

Company & Directors' Information:- G M FABRICS PRIVATE LIMITED [Amalgamated] CIN = U17116MH2001PTC131468

Company & Directors' Information:- J S R FABRICS PRIVATE LIMITED [Active] CIN = U17291MH2011PTC221773

Company & Directors' Information:- K P FABRICS PVT LTD [Strike Off] CIN = U74899DL1999PTC100750

Company & Directors' Information:- S S COTTON MILLS PRIVATE LIMITED [Active] CIN = U17115PB1997PTC019918

Company & Directors' Information:- C P FABRICS PRIVATE LIMITED [Strike Off] CIN = U17115PB1998PTC020891

Company & Directors' Information:- G N FABRICS PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019949

Company & Directors' Information:- L R FABRICS PRIVATE LIMITED [Active] CIN = U17110GJ2005PTC046905

Company & Directors' Information:- S D M FABRICS PRIVATE LIMITED [Amalgamated] CIN = U18101MH2003PTC140135

Company & Directors' Information:- S V FABRICS PRIVATE LIMITED [Active] CIN = U17110TG1997PTC026734

Company & Directors' Information:- R C FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017692

Company & Directors' Information:- S G FABRICS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC129675

Company & Directors' Information:- J & Y FABRICS PRIVATE LIMITED [Active] CIN = U17200MH2011PTC217416

Company & Directors' Information:- B C L FABRICS PRIVATE LIMITED [Active] CIN = U17299DL1997PTC087457

Company & Directors' Information:- R L FABRICS LIMITED [Strike Off] CIN = U17110MH2000PLC123685

Company & Directors' Information:- J R COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TN1996PTC034302

Company & Directors' Information:- S. G. R. FABRICS PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC035168

Company & Directors' Information:- R D FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038023

Company & Directors' Information:- D C H COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1997PTC008130

Company & Directors' Information:- P R FABRICS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC082519

Company & Directors' Information:- L D COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17291MH2014PTC256832

Company & Directors' Information:- S S FABRICS PVT LTD [Strike Off] CIN = U17117PB1989PTC009201

Company & Directors' Information:- L S FABRICS PRIVATE LIMITED [Strike Off] CIN = U51909UP1997PTC021992

Company & Directors' Information:- A D COTTON MILLS PVT LTD [Active] CIN = U99999MH1970PTC014837

Company & Directors' Information:- B M FABRICS (INDIA) PRIVATE LIMITED [Active] CIN = U17116PB1997PTC019887

Company & Directors' Information:- M R COTTON FABRICS PVT LTD [Active] CIN = U52322WB1992PTC056849

Company & Directors' Information:- B S FABRICS PRIVATE LIMITED [Active] CIN = U18101DL2001PTC112412

Company & Directors' Information:- Y G FABRICS PRIVATE LIMITED [Active] CIN = U18101DL2005PTC138393

Company & Directors' Information:- J. J. L FABRICS PRIVATE LIMITED [Active] CIN = U17120WB2012PTC175840

Company & Directors' Information:- M. A. FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2008PTC178099

Company & Directors' Information:- K R FABRICS PRIVATE LIMITED [Strike Off] CIN = U17219TZ1999PTC008955

Company & Directors' Information:- L . K . FABRICS PRIVATE LIMITED [Strike Off] CIN = U17120MH1996PTC099869

Company & Directors' Information:- R B FABRICS PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC027620

Company & Directors' Information:- G AND G FABRICS PRIVATE LTD [Active] CIN = U74899DL1987PTC028967

Company & Directors' Information:- P S FABRICS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035780

Company & Directors' Information:- J N S FABRICS PVT LTD [Strike Off] CIN = U24131WB1988PTC044665

Company & Directors' Information:- S B M FABRICS PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC005894

Company & Directors' Information:- U J L FABRICS PVT LTD [Strike Off] CIN = U93090TN1987PTC014773

Company & Directors' Information:- P V H FABRICS PRIVATE LIMITED [Active] CIN = U17120AP2008PTC057918

Company & Directors' Information:- S D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17124RJ1977PTC001750

Company & Directors' Information:- G C FABRICS PRIVATE LIMITED [Strike Off] CIN = U17290PB2011PTC035780

Company & Directors' Information:- K B G FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169982

Company & Directors' Information:- S H A V FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2004PTC126287

Company & Directors' Information:- V P K COTTON MILLS PRIVATE LIMITED [Strike Off] CIN = U17111TZ2000PTC009530

Company & Directors' Information:- S R D FABRICS PRIVATE LIMITED [Strike Off] CIN = U17117PB1996PTC017662

Company & Directors' Information:- K G N FABRICS PRIVATE LIMITED [Strike Off] CIN = U17124RJ1999PTC015680

Company & Directors' Information:- G 2 FABRICS PRIVATE LIMITED [Strike Off] CIN = U17100MH2005PTC157862

Company & Directors' Information:- A-2 FABRICS PRIVATE LIMITED [Active] CIN = U17115PN2006PTC022179

Company & Directors' Information:- J J FABRICS PRIVATE LIMITED [Active] CIN = U17120MH2010PTC198619

Company & Directors' Information:- J H P FABRICS PRIVATE LIMITED [Strike Off] CIN = U18100MH2005PTC156395

Company & Directors' Information:- P N FABRICS PRIVATE LIMITED [Active] CIN = U17120DL2014PTC271456

Company & Directors' Information:- K. N. FABRICS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC169985

Company & Directors' Information:- G R D FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC133556

Company & Directors' Information:- S P S FABRICS PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC135658

Company & Directors' Information:- A P FABRICS PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC160581

Company & Directors' Information:- L. B. FABRICS PRIVATE LIMITED [Active] CIN = U17122GJ2010PTC059299

Company & Directors' Information:- J. G. FABRICS PRIVATE LIMITED [Active] CIN = U52100PB2019PTC049666

Company & Directors' Information:- COTTON FABRICS LIMITED [Not available for efiling] CIN = U99999MH1949PLC007406

    C.R.P.(PD) Nos.3135 & 3136 of 2008 and M.P.No.1 of 2008

    Decided On, 22 September 2008

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. RAJESWARAN

    For the Petitioners: V. Raghavachari, Advocate. For the Respondent: T.R. Rajaraman, Advocate.



Judgment Text

(PRAYER IN CRP.NO.3135 OF 2008 This Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the order dated 27.08.2008 in I.A.No.823 of 2007 in O.S.No.213 of 2004 on the file of Principal District Judge, Erode.


PRAYER IN CRP.NO.3136 OF 2008 This Civil Revision Petition has been filed under Article 227 of the Constitution of India to set aside the order dated 27.08.2008 in I.A.No.825 of 2007 in O.S.No.213 of 2004 on the file of Principal District Judge, Erode.)


Common Order:


These two Civil Revision Petitions have been filed by the petitioners/defendants 1 and 2 and the petitioner/third defendant to set aside the order dated 27.08.2008 in I.A.Nos.823 of 2007 & I.A.No.825 of 2007 in O.S.No.213 of 2004 respectively on the file of Principal District Judge, Erode.


2. The defendants 1 and 2 in O.S.No.213 of 2004 and the third defendant in the same suit are the revision petitioners before this Court. The suit in O.S.No.213 of 2004 has been filed by the respondent/plaintiff for recovery of a sum of Rs.9,95,965.50 with 12% interest. Written statement has been filed by the 2nd defendant and the suit is being contested. On 08.03.2006, the petitioners/defendants were called absent and they were set exparte and an exparte decree was passed. Thereafter, an application in I.A.No.823 of 2001 was filed by the revision petitioner in CRP.No.3135 of 2008 to condone the delay of 586 days in filing the petition to set aside the exparte decree dated 08.03.2006. Similarly, the revision petitioner/third defendant filed I.A.No.825 of 2007 to condone the delay of 586 days in filing the application for setting aside the exparte decree. Both the applications were resisted by the respondent/plaintiff by filing a counter. The trial Court by an order dated 27.08.2008 allowed the applications by directing the petitioners/defendants to pay a sum of Rs.20,000/- in total, towards costs to the respondent/plaintiff and also directed the petitioners/defendants to deposit the decree amount of Rs.9,95,965.50 to the credit of the suit on or before 12.09.2008. Aggrieved by the same, the above civil revision petitions have been filed by the defendants in the suit.


3. I have heard the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent/caveator and I have also gone through the documents filed in support of their submissions.


4. The suit in O.S.No.213 of 2004 has been filed by the respondent/plaintiff for recovery of a sum of Rs.9,95,965.50. Written statement has been filed by the 2nd defendant refuting the claim and the suit is being contested. While so, for the non appearance of the petitioners/defendants, the petitioners /defendants were set exparte on 08.03.2006 and on the very same day an exparte decree was passed. Immediately, the petitioners/defendants filed an application in I.A.Nos.823 & 825 of 2007 to condone the delay of 586 days in filing the petition to set aside the exparte decree dated 08.03.2006. On the objections raised by the respondent/plaintiff, the trial Court by order dated 27.08.2008 allowed the applications by directing the petitioners/defendants to pay a sum of Rs.20,000/- in total towards costs to the respondent/plaintiff and also directed the petitioners/defendants to deposit a decree amount of Rs.9,95,965.50 to be deposit to the credit of the suit in O.S.No.213 of 2004.


5. The learned counsel for the petitioners/defendants submits that the trial Court committed an illegality by imposing the above said condition which are too onerous at the time of considering the applications filed under Section 5 of the Limitation Act. He further adds that courts should adopt a liberal approach while considering such applications filed under Section 5 of the Limitation Act.


6. Per contra, the learned counsel appearing for the respondent/caveator submits that the petitioners/defendants have not given sufficient reasons for condoning the delay of 586 days in filing the petition to set aside the exparte decree dated 08.03.2006 and therefore the trial Court has rightly exercised its jurisdiction directing them to deposit the entire decree amount with costs.


7. After considering the arguments on both sides, and after going through the records, I am of the considered view that the trial Court has committed an illegality in imposing such onerous condition at the time of considering the applications filed under Section 5 of the Limitation Act. Therefore, I am inclined to interfere with the order passed by the trial Court by modifying the conditions.


8. The applications filed in I.A.No.823 of 2007 and 825 of 2007 are allowed on condition that all the defendants in the suit togethe

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r pay a sum of Rs.20,000/- towards cost to the plaintiff in the suit within a period of three weeks from the date of receipt of copy of this order. 9. Accordingly, the civil revision petitions are allowed in part in the above terms. No costs. Consequently, connected M.P.No.1 of 2008 is also closed. 10. It is made clear that if the cost of Rs.20,000/- is not paid within the time stipulated, both I.A.Nos.821 of 2007 and 825 of 2007 shall stand dismissed automatically without further reference to this Court.
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