Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 828 (MAD)

Aanchal Cement Ltd. v. Gimpex Ltd.

2014-04-03

M.JAICHANDREN, M.VENUGOPAL

body2014
Judgment : M. Venugopal, J. 1. The Appellants in O.S.A.Nos.27, 37 and 38 of 2014 have preferred these Appeals as against the order, dated 3.2.2014, made in O.A.No.252 of 2013, in C.S.No.234 of 2013, passed by a Learned single Judge, in directing the Appellants/Applicants to give the bank guarantee for the value of the cheques, namely, for a sum of Rs.7 Crores mentioned in the schedule to the plaint. However, the Learned single Judge had observed that it was open to the Appellants/ Applicants to give the bank guarantee either individually, or collectively, or by the drawer of those cheques, in favour of the Registrar General, High Court, Madras, on or before 7.2.2014, for a period of two years. 2. The Appellants/Applicants/Plaintiffs have preferred O.S.A.No.78 of 2014 as against the order, dated 3.2.2014, in Application No.2492 of 2013, in C.S.No.234 of 2013, passed by the Learned single Judge in dismissing the said Application. 3. During the course of hearing of the main Original Side Appeals, both the Learned counsel appearing on behalf of the Appellants/Plaintiffs and the Respondent/Defendant have filed their respective memos, dated 13.2.2014 and 13.3.2014. 4. In the aforesaid memo, dated 13.2.2014, filed on behalf of the Appellants, it was stated that pursuant to the order, dated 6.2.2014, passed in M.P.No.1 of 2014, in O.S.A.No.27 of 2014, the Appellants/Plaintiffs renewed the cheques, which were expiring and issued fresh cheques to the Respondent on 10.2.2014 and accordingly, they filed a memo to that effect. 5. Also that, it transpires that the Respondent/Defendant filed a memo, dated 13.3.2014, in and by which, the Respondent consented for the disposal of the Appeal by setting aside the conditional order passed in O.A.No.252 of 2013, in C.S.No.234 of 2013 and to remit O.A.No.252 of 2013 for disposal on merits. Further, the Respondent had stated that the cheques, which were being renewed by the drawers, would not be encashed by them till the disposal of the Application in O.A.No.252 of 2013, in C.S.No.234 of 2013. 6. In view of the aforesaid memos, dated 13.2.2014 and 13.3.2014, filed on behalf of the Appellants and the Respondents, this Court disposes of all the Original Side Appeals, in O.S.A.Nos.27, 37, 38 and 78 of 2014 by setting aside the impugned orders, dated 3.2.2014, passed by the Learned single Judge. 6. In view of the aforesaid memos, dated 13.2.2014 and 13.3.2014, filed on behalf of the Appellants and the Respondents, this Court disposes of all the Original Side Appeals, in O.S.A.Nos.27, 37, 38 and 78 of 2014 by setting aside the impugned orders, dated 3.2.2014, passed by the Learned single Judge. Accordingly, O.A.No.252 of 2013 and A.No.2492 of 2013 in C.S.No.234 of 2013 are remitted to the file of the Learned single Judge, for fresh disposal. The Learned single Judge is requested to take up O.A.No.252 of 2013 and A.No.2492 of 2013 in C.S.No.234 of 2013 and dispose of the same, afresh, by giving adequate opportunities to the respective parties to raise all factual and legal pleas, in accordance with law. It is made clear that the memos, dated 13.2.2014 and 13.3.2014, filed on behalf of the Appellants and the Respondents shall form part and parcel of the Decree. No costs. All Connected Miscellaneous Petitions are closed.