Madras High Court
OSA/153/2022 of THE FEDERATION OF MOTOR SPORTS CLUBS OF INDIA (FMS Vs Prithiviraj Jagannathan on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 153 of 2022 and CMP.No.9347 of 2022
CNR: {HCMA010841082022}
The Federation Of Motor Sports Clubs Of India (fmsci)
Rep.by its Secretary General A. 25, Krishna Tower, 50, Sardar Patel Road, Taramani, Chennai-
113.
..Appellant(s)
Vs
1. Prithiviraj Jagannathan
2. Mohamed Akbar Edrahim
3. Khazi Farooq Ahmed
4. Farokh Homi Commissariat
5. Tamal Ghosal
6. Bharat Vivek Chandhok
7. Raj Kapoor
8. Sita Raina
9. Sanjay Sharma
10.Shivu Shivappa
..Respondent(s)
Original Side Appeal filed under XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent to set aside the Fair and Decreetal Order dated 29/04/2022 made in Appln. No. 1914 of 2022 in C.S.No. 388/2020 to the extent of imposing cost of Rs.1,00,000/- that too payable to Bar Council of Tamilnadu and Puducherry as a condition for setting aside the order setting the Appellant ex-parte.
For Appellant(s):
For Respondents
Ms.B.Tushitha
for M/s.Vijayalakshmi Rajagopal
Notice served (No-appearance)
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JUDGMENT
(Judgment of the Court was delivered by N.Sathish Kumar J.) Challenging the order of the learned Single Judge dated 29.04.2022 imposing Rs.1 lakh for setting aside the exparte order passed against the petitioner, the present original side appeal is filed.
2. The appellant has filed an application to set aside the exparte order dated 25.03.2022. In the suit, the appellant Club was set exparte since they have not filed written statement in time. The appellant has filed application to set aside the exparte order on the ground that since OSA.No.293 of 2020 was filed as against some of the interim orders and in the meanwhile, lockdown was imposed due to COVID-19 and thus, they could not file written statement in time. The learned Single Judge set aside the exparte order dated 25.03.2022, however, imposed costs of Rs.1,00,000/-. Hence, this appeal.
3. Ms.Dhruthi, learned counsel for the appellant submitted that the order of the learned Single Judge imposing costs of Rs.1,00,000/- is unreasonable and the reasons stated in the affidavit clearly explains the sufficient cause for not filing the written statement in time and the learned Single Judge ought not to have imposed such costs. Hence, seeks for allowing this appeal.
4. Despite names of the respondents being printed in the cause-title, none appeared for the respondents. Heard the learned counsel for the appellant and perused the materials placed on record.
5. Now, the point arises for consideration in this appeal is whether the costs imposed by the learned Single Judge is reasonable?
6. Admittedly, the suit has been laid by the respondents challenging certain resolutions passed by the appellant Club, since the appellant club has not filed the written statement in time, the exparte order was passed on 25.03.2022. It is established on record that challenging one of the interim orders, OSA.No.293 of 2020 was filed by the appellant club and admittedly, during the passing of exparte order, lockdown was also imposed owing to COVID-19. In such view of the matter, we are of the view that imposing costs of Rs.1,00,000/- is not proper and the cost alone is set aside.
7. Accordingly, this original side appeal stands allowed. No costs. Consequently, connected miscellaneous petition stands closed. (N.S.K.,J.) (G.K.M.,J.) 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dhk
N.SATHISH KUMAR, J. AND GK.MUTHUKUMAAR, J. dhk OSA No. 153 of 2022 08-10-2026