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2012 Supreme(Mad) 659

C.NAGAPPAN, M.SATHYANARAYANAN
V. Thanuja – Appellant
Versus
Shenoy Nagar Benefit Fund Ltd. – Respondent


Advocates Appeared:
For the Appellants:M.S. Murali for M/s. R & P Partners, Advocates.
For the Respondents:S. Vijayakumar, Advocate, R1, No Appearance.

Judgment :-

M. SATHYANARAYANAN, J.

1. The appellants herein are the applicants in A.No.4548 and 4549 of 2011 in C.S.No.70 of 2006 and defendants 1 and 2 in the said suit. The appellants filed Application No.4548 of 2011 for setting aside the ex-parte order dated 26.8.2011 passed in the said suit against them and Application No.4549 of 2011 praying for condoning the delay of 1998 days in filling the written statement. The said applications were strongly opposed by the first respondent/plaintiff by filing a common counter affidavit. The learned single Judge, after taking into account the averments made in the affidavits filed in support of those applications and the common counter affidavit and the conduct of the appellants, had dismissed both the applications by a common order dated 26.9.2011. Challenging vires of the said order, the present appeals are filed.

2. The first respondent/plaintiff filed a suit in C.S.No.70 of 2006 against the appellants and one Srinath praying for a judgment and decree for recovery of a sum of Rs.55,42,470.35 with interest @ 21% p.a. on Rs.14,00,000/-from the date of the plaint till the date of realisation and also for consequential reliefs.

3. The app






















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