Madras High Court

OSA/174/2022 of M/s.Karishma Foundations Pvt. Ltd. Vs M/s.Indus Homes on 9 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

OSA No. 174 of 2022

CNR:{HCMA010675792022}

and

CMP No. 11037 of 2022

1. M/s.Karis maa Foundations Pvt. Ltd.,

Rep.by its Director, Mr.C.Rajesh,

No.340, 1st South Main Road, Kapaleeswarar Nagar Neelankarai, Chennai 600 115

2. Rakesh P.Sheth

S/o. Premkumar Sheth

3. Roshini R.Sheth

W/o. Rakesh P Sheth

..Appellant(s)

Vs

M/s.Indus Homes

Represented by its Partner Mr.Shreyas Lunawath, No.5C, Ega Trade Centre, 809, P.H.Road, Chennai 600 010.

..Respondent(s)

Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with Clause 15 of Letters Patent to set aside the order dated 21- 04-2022 passed by the learned Judge in Application No.1218 of 2022 in

C.S.No.54 of 2018.

For Appellant(s):

Mr.Vaibhav R Venkatesh

for M/s.Nithyaeash and Vaibhav

For Respondent(s):

Mr.U.Vikkiram Raj

for Mr.B.Arvind Sreevatsa

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Judgment

(Judgment of the Court was delivered by N.Sathish Kumar J.) A Challenge has been made to the order of the learned single Judge dismissing A.No.1218 of 2022 in C.S.No.54 of 2018 on the ground that the costs imposed by this Court in the order dated 25.03.2022 has not been paid.

2. Following are the brief facts necessary for disposal of this appeal: The appellant was set ex parte for not filing written statement. Later, he filed an application to condone the delay of 890 days in re-presenting the written statement. The said application was allowed by the learned single Judge subject to payment of costs of Rs.1,00,000/- to the credit of C.S.No.54 of 2018 on or before 19.04.2022. Later, the impugned order came to be passed rejecting Application No.1218 of 2022 on the ground that the costs imposed by the Court has not been paid.

3. The learned counsel appearing for the appellants brought to the notice of this Court that O.S.A.No.131 of 2022 was filed before this Court against the imposition of costs of Rs,1,00,000/- and by judgment dated 25.01.2023, this Court disposed of the O.S.A by modifying the costs to Rs.25,000/- The learned counsel for the appellants further submits that said amount of Rs.25,000/- has been paid on 23.02.2023 and therefore, the order passed by the learned single Judge in Application No.1218 of 2022 cannot be sustained and the same may be set aside.

4. The learned counsel for the respondent also does not dispute the payment of costs.

5. Now the point that arises for consideration in this appeal is, whether the order passed by the learned single Judge dismissing Application No.1218 of 2022 warrants interference.

6. Admittedly, the cost imposed by the learned single Judge was modified in the appeal and the modified costs of Rs.25,000/- has already been paid. The application came to be dismissed solely on the ground that the costs imposed had not been paid. Challenging the imposition of costs, the appellant has filed an appeal in O.S.A.No.131 of 2022 and this Court by judgment dated 25.01.2023 set aside the order of the learned single Judge and modified the costs to Rs.25,000/-. Pursuant to the said judgment, the costs has also been paid. This fact is not disputed by the respondent. Therefore, the order of the learned single judge warrants inference.

Accordingly, this appeal is allowed and the order of the learned single Judge dated 21.04.2022 in A.No.1218 of 2022 in C.S.No.54 of 2018 is set aside. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (N.S.K.,J.) (G.K.M.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. gpa O.S.A No. 174 of 2022 and C.M.P No. 11037 of 2022 09-10-2026

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