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2019 Supreme(Mad) 1360

R.SUBBIAH, KRISHNAN RAMASAMY
Magic Frames, Partnership Firm, Reg. by its Partner R. Sarath Kumar – Appellant
Versus
Radiance Media P. Ltd. , Rep. by its Authorised Signatory N. Srinivasan – Respondent


Advocates Appeared:
For the Appellant :K. Ravi for M/s. Rugan & Arya, Advocates.
For the Respondent:N.L. Rajah, Senior Counsel, S. Ashok Kumar, Advocate.

JUDGMENT :

R. Subbiah, J.

(Prayer: Original Side Appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, against the order dated 03.08.2018 passed by the learned Single Judge in Appln.No.4667 of 2018 in C.S.No.393 of 2017 on the file of this Court.)

This Original Side Appeal (O.S.A) has been filed against the order dated 03.08.2018 in Appln.No.4667 of 2018 in C.S.No.393 of 2017 passed by the learned Single Judge in dismissing the said application filed by the appellants/defendants herein to pass a Summary Judgment dismissing the suit in C.S.No.393 of 2017 without recording oral evidence.

2. For the sake of convenience, the parties are herein referred to as they are ranked in the suit as plaintiff and defendants.

3. Brief facts which are necessary to decide the issue raised in this appeal, are as follows:

(a) C.S.No.393 of 2017 is filed by the respondent/plaintiff against the appellants/defendants under Order 4 Rule 1 of the Madras High Court Original Side Rules read with Order 37 Rules 1 and 2 of CPC, seeking for judgment and decree to direct the defendants to pay a sum of Rs.2 crores (Rupees two crores only)























































































































































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