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2022 Supreme(Online)(Mad) 99129
MADRAS HIGH COURT
M/S.VENKATESHWARAA TEXTILES – Appellant
Versus
HOME FASHION TEXTILES AND 8 OTHERS – Respondent
A 4270/2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 11th DAY OF JANUARY 2022
THE HON'BLE MR. JUSTICE N.SESHASAYEE
A. No.4270 of 2021
in
C.S. No.640 of 2009
M/s Venkateshwaraa Textiles,
Rep by its Managing Partner – Mr.M.Venkatesan,
Having the principal place of business at
No.1/17A, Ramakrishna Road,
Gugai, Salem 636 006.
... Plaintiff
-Versus-
1.Home Fashion Textiles,
Manufacturers and Exporters of Cotton Fabric
Represented by its Managing Partner,
Mr.P.G.Lakshmi Pathy,
Having Place of business at
No.23, Coral Merchant Street, Mannadi,
Chennai – 600 001.
2.Mr.P.G.Lakshmi Pathy,
S/o Poolagovindasamy Chetty,
No.23, Coral Merchant Street, Mannadi,
Chennai – 600 001.
3.Mr.P.L.Deepakh (Deceased)
4.Mr.P.L.Dinesh,
S/o P.G.Lakshmipathy,
No.23, Coral Merchant Street,
Mannadi, Chennai – 600 001.
2
5.Mrs.Sunitha,
W/o P.J.Nandagopal,
63, Mahalakshmi Flats,
Mosque Street,
Saidapet,
Chennai – 600 015.
6.Mrs.Mohana Prasad,
W/o P.V.Prasad,
Poolaveerasamy Chettiar Illam,
Old No.7, New No.7A,
Thangalla Ramasamy Street,
Tharanampat, Gudiyatham,
Vellore Dist.
7.Mrs.Kasturi Pandarinath,
W/o P.V.Pandarinath,
Old No.8, New No.19,
Thangalla Ramasamy Street,
Tharanampet, Gudiyatham,
Vellore Dist.
*8.Jayasri,
W/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
*9. Minor D.Rithwik,
S/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
*10.Minor D.Kashikaa,
D/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
... Defendants
* (Defendants 8 to 10 are brought on records
as legal heirs of the deceased 3rd defendant
as per order dated 11.01.2022 in A.No.4269/2021
3
Defendants 9 and 10 Minors Mrs.Vasudha Thiagarajan
appointed as a court Guardian as per order
dated 11.01.2022 in A.No.4270/2021)
A. No.4270 of 2021:-
Venkateshwaraa Textiles,
Represented by its Managing Partner
Mr.M.Venkatesan,
Having the principal place of Business at
No.1/17-A, Ramakrishna Road,
Gugai, Salem - 636 006.
... Applicant / Plaintiff
-Versus-
1.Home Fashion Textiles,
Manufacturers and Exporters of Cotton Fabric
Represented by its Managing Partner,
Mr.P.G.Lakshmipathy,
Having Place of Business at
No.23, Coral Merchant Street,
Chennai – 600 001.
2.P.G.Lakshmipathy,
S/o Poolagovindasamy Chetty,
No.23, Coral Merchant Street,
Chennai – 600 001.
Mr.P.L.Deepakh (Deceased)
3.P.L.Dinesh,
S/o P.G.Lakshmipathy,
No.23, Coral Merchant Street,
Mannadi, Chennai – 600 001.
4.Sunitha,
W/o P.J.Nandagopal,
63, Mahalakshmi Flats,
Mosque Street,
4
Saidapet,
Chennai – 600 015.
5.Mohana Prasad,
W/o P.V.Prasad,
Poolaveerasamy Chettiar Illam,
Old No.7, New No.7-A,
Thangalla Ramasamy Street,
Tharanampat, Gudiyatham,
Vellore District.
6.Kasturi Pandarinath,
W/o P.V.Pandarinath,
Old No.8, New No.19,
Thangalla Ramasamy Street,
Tharanampet, Gudiyatham,
Vellore Dist.
... Respondents 1 to 6/ Defendants
7.Jayasri,
W/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
8. Minor D.Rithwik,
S/o Late P.L.Deepakh,
Represented by Mother & Guardian
Mrs.Jayasri, W/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
9.Minor D.Kashikaa,
D/o Late P.L.Deepakh,
Represented by Mother & Guardian,
Mrs.Jayasri, W/o Late P.L.Deepakh,
D.No.43/23, Coral Merchant Street,
Mannady, Chennai – 600 001.
...Respondents 7 to 9/
Defendants 8 to 10
Application praying that this Hon'ble Court be pleased to appoint the
7th respondent/proposed 8th defendant as the guardian and next friend of the
respondents 8 & 9/proposed defendants 9 & 10 – Minor D.Rithwik and
5
Minor D.Kashikaa and listed in the Judge's summons filed herewith.
This application alongwith these A.Nos.4268 and 4269 of 2021 in
the presence of Mr.D.Shivakumaran, Advocate for the Applicant herein, and
upon reading the Judge's Summons and the Affidavit of M.Venkatesan filed
herein, it is ordered as follows:-
That Mrs.Vasudha Thiagarajan, be and is hereby appo
