Madras High Court
CRP/6457/2026 of Bank of Baroda Vs Samisri Enterprises on 8 October 2026
CRP No. 6457 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6457 of 2026
CNR: {HCMA011655332026}
M/s.Bank of Baroda
Formerly known as Vijaya Bank,
Mr.Ravisankar R,
No. 20, SH 49,
Neelankarai,
Chennai - 600 041.
..Petitioner(s)
Vs
1. M/s.Samisri Enterprises
B1/147, Ponniamman Koil Street,
2nd Street, Nanmangalam,
Chennai 600 129.
2. S Arun Kumar
31/12, Anna Swamy Street,
Choolaimedu,
Chennai 600 094.
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the docketal order dated 31.03.2024 passed by the Learned Sub-Court, Alandur in I.A. No. 1 of 2023 in unnumbered O.S. Sr.
No.3271 of 2022, by condoning the delay of 77 days in representation and further directing the Learned Sub Court, Alandur to number the suit, and pass such further orders as this Honourable Court.
For Petitioner(s):
Mr.R.Sreedhar
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CRP No. 6457 of 2026
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ORDER
The Civil Revision Petition is filed challenging the order passed by the trial Court, dismissing the application filed by the petitioner, seeking to condone the delay of 77 days in re-presenting the plaint.
2. The petitioner herein filed a suit, seeking recovery of money from the 1st respondent. The plaint was returned, pointing out certain defects. Since there was a delay in re-presenting the plaint after rectifying the defects, the petitioner filed an application seeking to condone the delay of 77 days in re-presenting the papers. The trial Court ordered notice in the said application. However, the petitioner failed to pay batta for taking notice to the respondents. Hence, the petition was dismissed for default. Aggrieved by the said order, the petitioner has come before this Court.
3. The learned counsel appearing for the petitioner would submit that the delay in re-presentation is a matter between the Court and the petitioner and therefore, absolutely there was no necessity to issue notice to the respondent.
4. As rightly pointed out by the learned counsel appearing for the petitioner, delay in re-presentation is a matter between the petitioner and the Court. Therefore, in all cases, the Court is not bound to order notice to the respondents. Only in cases where the delay is inordinate, the Court may notify
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CRP No. 6457 of 2026
the other side in order to ascertain the subsequent development. In the case on hand, the delay is only 77 days. Therefore, notice to the respondents may not be necessary. However, in the affidavit filed in support of the condone delay petition, the petitioner does not present any acceptable reason for condoning the delay. In the case on hand, the trial Court has not dismissed the condone delay petition on merits. It dismissed it for default for non payment of batta. Hence, this Court comes to the conclusion, the petitioner shall be given an opportunity to file a better affidavit before it is being considered on merits. Therefore, the petitioner is directed to file a better affidavit before the Court below.
5. Hence, this Court comes to the conclusion that notice to the respondents is not necessary having regard to the length of delay. The impugned order dated 31.03.2024 passed by the Learned Sub-Court, Alandur in I.A. No. 1 of 2023 in unnumbered O.S. Sr. No.3271 of 2022 is set aside and the matter is remitted back to the trial Court, with a direction to consider the application afresh. The petitioner is directed to file a better affidavit before the concerned Court, within a period of two weeks from the date of receipt of a copy of this order. After filing of the better affidavit within the time stipulated, the trial Court shall take up the application and consider it in accordance with law. In case the petitioner fails to file better affidavit within the time stipulated the I.A.No.1 of 2023 shall stand dismissed automatically.
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CRP No. 6457 of 2026
6. Accordingly, this Civil Revision Petition stands disposed of. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No kak To The learned Sub Court, Alandur.
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CRP No. 6457 of 2026
S.SOUNTHAR, J. kak CRP No. 6457 of 2026 08-10-2026
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