M. VENUGOPAL J.

1. Heard the Learned Counsel for the Appellant.

2. Since this Court is disposing of the main Original Side Appeal at the admission stage itself, this Court is not inclined to issue notice to the Respondents.

3. The Appellant/Plaintiff has preferred the present Original Side Appeal against the order dated 01.02.2017 in Application No.2809 of 2012 in C.S.No.786 of 2011.

4. Earlier, the Learned Single Judge, while passing the impugned order in Application No.2809 of 2012 in C.S.No.786 of 2011 [filed by the 1st Respondent/Defendant against the Appellant/1st Respondent/Plaintiff and another seeking to reject the Plaint in C.S.No.786 of 2011 under Order XIV Rule 8 of the Madras High Court Original Side Rules read with Order VII Rule 11(C) of the Civil Procedure Code, 1908], on 01.02.2017, at paragraph 17, had observed the following:

“17. Though the learned counsel for the original plaintiff/1st respondent herein has relied upon the judgment of the Hon'ble Supreme Court reported in (2009) 8 SCC 646 (NAZAR INDUSTRIAL ENTERPRISES LIMITED v. HONG KONG AND SHANGHAI BANKING CORPORATION), the same is not applicable to the facts of the present case. In the said judgment, the