Madras High Court
CMP/6788/2024 of M. Padmanabha Kamath (Deceased) 1. Akshatha Yashwa Vs M/s. Aditya Birla Money Ltd. on 14 October 2026
CMP No. 6788 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
CMP No. 6788 of 2024
&
OSA No. 105 of 2018
M. Padmanabha Kamath (Deceased)
1. Akshatha Yashwantha Bhat
W/o. Yashwantha Bhat
D/o. Late Padmanabha Kamath
2. M. Mohandas Kamath @ Mohandasa Kamath S/o. late. Padmanabha Kamath
..Appellant(s)
Vs
1. M/s. Aditya Birla Money Ltd.,
(Previously Apollo Sindhoori Capital
Investment Limited) 304, Sanu Palace, 3 rd and 4 th Floors, M.G.Road, Kodialbali Mangalore 575 003.
2. S. Jayaraman Sole Arbitrator
C/o. national Stock Exchange of India Limited, 8th Floor, Arihant Nitco Park No.90, Dr.Radhakrishnan Salai Mylapore, Chennai - 600 004
..Respondent(s)
Civil Miscellaneous Petition filed under Order XIV Rule 8 of Original Side Rules read with Order 41 Rule 19 of CPC to restore the order dated 06.02.2024 in OSA No.105 of 2018 to its Original file.
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CMP No. 6788 of 2024
For Appellant(s):
No Appearance
For Respondent(s):
Mr.S.Shivathanu Mohan
for Mr.S.Ramasubramaniam
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ORDER
(Order of the Court was made by N.Sathish Kumar J.) This application has been filed to restored the above Original Side Appeal which was dismissed for non-prosecution on 06.02.2025.
2. A perusal of the case file indicates that the appeal was dismissed as withdrawn on 26.03.2021. However, it was subsequently restored to file on 07.01.2022 as it was stated that the withdrawal order was passed against a deceased person as the appellant had passed away on 20.12.2020. Later, when the appeal was listed for hearing on 02.02.2024, there was no representation for the appeal and therefore, the appeal was directed to be listed on 06.02.2024 under the caption "For Dismissal". Since no one appeared for the appellant on 06.02.2024 also, the appeal was dismissed for non-prosecution. Hence, the petitioner has filed present petition to restore the appeal.
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CMP No. 6788 of 2024
3. Today also there is no representation for the petitioner/appellant. Hence, we are of the view that the appellant is not interested in prosecuting the appeal. Hence, this petition is dismissed. (N.S.K.,J.) (G.K.M.,J.) 14-10-2026 gpa
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CMP No. 6788 of 2024
N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. gpa CMP No. 6788 of 2024 AND OSA NO. 105 OF 2018 14-10-2026
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