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2024 Supreme(Online)(MAD) 1986

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. SIVAGNANAM
B.SUJATHA – Appellant
Versus
M/S.INDIAN OIL CORPORATION L – Respondent


O R D E R

The civil revision petition is filed to set aside the impugned adjudication dated 21.09.2023 and permit the revision petitioner to file her written statement in C.O.S.No.1909 of 2022 on the file of the Commercial Court, Chennai within a time frame.

2. The petitioner is the defendant and the respondent is the plaintiff in C.S.No.478 of 2017. The respondent/plaintiff has originally filed a civil suit before this Court in CS.No.478 of 2017. Due to the enhancement of pecuniary jurisdiction, the said suit was transferred to the file of XX Additional City Civil Court, on 17.04.2021, and re-numbered as O.S.No.3423 of 2021. Subsequently, considering the nature of the dispute, the Registry of City Civil Court, Chennai transferred the said suit to the Commercial Court on 08.12.2022 and re-numbered the suit as C.O.S.No.1909 of 2022 and taken on the file of the Commercial Court, Egmore, Chennai on 14.12.2022. The Trial Court, without granting time to the petitioner for filing written statement in a transferred case, by its order dated 21.09.2023, recorded as follows:

"Written Statement not filed time line already expired. The defendant forfeited their right to file the written statemen

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