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2006 Supreme(Mad) 3040

R.BANUMATHI
Durairaj & Another – Appellant
Versus
S. K. M. Animal Feeds and Foods India Ltd. – Respondent


Appearing Advocates:For the Petitioners:Rathina Ashokan, Advocate. For the Respondent:P. Valliappan, Advocate.

Judgment :-

(Petition filed under section 24 CPC to withdraw the Suit O.S.Nos.104 & 106/2004 on the file of I Additional District Judge, Erode and transfer the same to any other competent Court.)

These Tr.C.M.P.S are filed to transfer O.S.Nos.104 and 106 of 2004 from the file of I Additional District Judge, Erode to some other Court of competent jurisdiction.

2. The Respondent filed suit for recovery of sum of Rs.33,69,446.56 against the Petitioner in O.S.No.119/1999 on the file of the I Additional Sub Court, Erode. Subsequently, transferred to I Additional District Court, Erode and renumbered as O.S.No.104/2004.

3. Respondent has filed O.S.No.121/1999 on the file of the I Additional Sub Court, Erode, for recovery of a sum of Rs.22,88,789.13, which was subsequently transferred to I Additional District Court, Erode and renumbered as O.S.No.106/2004.

4. Defendants seek for transfer mainly on the following three grounds :-

(1) after reserving the case for Judgment on 19.07.2006, the learned Judge suo motu reopened the case and directed the Respondent/Plaintiff to file Petitions to mark the resolution, though it was the case of the Defendant that no valid resolution was passed at the time o












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