Madras High Court
OSA/67/2022 of M.A.M.R.Muthiah Vs Dr. M.A.M. Ramaswamy chettiar on 7 October 2026
OSA No. 67 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 67 of 2022
CNR:{HCMA010425582022}
and
CMP No.5177 of 2022
M.A.M.R.Muthiah
S/o.Sekkappa Chettiar, Madras Race Club, Guindy, Chennai 600 032.
..Appellant(s)
Vs
1. Dr. M.A.M. Ramaswamy chettiar
of Chettinad Charitable Trust, Represented by its Managing Trustee Dr.A.C.Muthiah, Residing at Chettinad House, R.A.Puram, Chennai 600 028.
2. The Madras Race Club
Represented by its Secretary Mr.T.Raman.
3. Arul Alagappan
having office at Madras Race Club, (Stewards Committee Members) Guindy, Chennai 600
032.
4. Mr.Chanduranga Kanthrajurs
having office at Madras Race Club, (Stewards Committee Members) Guindy, Chennai 600
032.
5. Dr.T.Devananthan Yadav
having office at Madras Race Club, (Stewards Committee Members) Guindy, Chennai 600
032.
6. Paul Antony
having office at Madras Race Club, (Stewards
OSA No. 67 of 2022
Committee Members) Guindy, Chennai 600
032.
7. K.Shashabindu Das
having office at Madras Race Club, (Stewards Committee Members) Guindy, Chennai 600
032.
8. Dr.Kumararani Meena Muthiah
W/o.Late Kumararaja Muthiah Chettir, having office at Dr.M.A.M. Ramaswamy Chettiar of Chettinad Charitable Trust Trustees Chetti and House, R.A. Puram, Chennai 28.
9. Ashwin Muthiah
S/o.A.C.Muthiah, having office at Dr.M.A.M.
Ramaswamy Chettiar of Chettinad Charitable Trust Trustees Chetti and House, R.A. Puram, Chennai 28.
10.Mr.AR.L.Sundaresan
S/o.A.R.Lakshmanan are having office at
Dr.M.A.M.Ramaswamy Chettiar, of Chettinad Charitable Trust Trustee, Chettinad House, R.A.Puram, Chennai 600 028.
..Respondent(s)
OSA No. 67 of 2022
This Original Side Appeal is preferred under Order XXXVI Rule 1
of the Original Side Rules read with Clause 15 of the Letters Patent seeking to allow this OSA and set aside the order of the Hon’ble Single Judge dated 04.03.2022 in Application No.742 of 2022 in CS No.737 of 2019 and pass such further or other order which this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
OSA No. 67 of 2022
For Appellant(s):
Mr.V.Raghavachari,
Senior Advocate
for Mr.T.Balaji
OSA No. 67 of 2022
For Respondent(s):
Ms.M.A.Anugraha
for Mr.S.Sithirai Anandam For R1
R-2 to R-10 No appearance
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Judgment
(Judgment of the Court was delivered by N.Sathish Kumar J.) Challenging the order made by the learned Single Judge in A.No.742 of 2022 in C.S.No.737 of 2019, dated 04.03.2022 directing the appellant herein, who is the second defendant in the suit, to deposit a sum of Rs.1 Lakh while condoning the delay of 618 days in filing the written statement, the present appeal has been preferred.
2. The learned counsel appearing for the appellant submitted that the appellant sought to condone the delay in filing the written statement stating that during the period between 2019 and 2020, there were various interim applications filed in the suit and they were contested between the parties and in the meanwhile, there was onset of Covid 19 pandemic. It was submitted that the case papers were kept in the counsel’s chamber and due to Covid 19 lockdown, they could not take the bundle from the chamber and hence, they could not file the written statement and the delay occurred. While allowing the application, the learned Single Judge directed the appellant herein to deposit Rs.1 Lakh before the Registry to the credit of the application.
3. The learned counsel for the appellant submitted that in view of the Covid-19 pandemic restrictions, the period of limitation has been extended as
OSA No. 67 of 2022
per the orders of the Hon’ble Supreme Court and therefore, if that period is calculated and excluded, the delay of 148 days only has occurred. The learned counsel, therefore, submits that the imposition of cost of Rs.1 Lakh is unreasonable and the same cannot be sustained in the eye of law.
4. The learned counsel for the first respondent submitted that since there was a huge delay in filing the written statement, the learned single judge has directed the appellant herein to pay the cost and the same cannot be interfered with.
5. We have heard the submissions made by the learned counsel on either side and perused the materials available on record. It is the contention of the learned counsel for the appellant that there were various litigations pending between the parties and they were being contested and thereafter, due to Covid-19 pandemic restrictions, they could not file the written statement in time. The court is of the view that the litigants cannot take advantage of the applications pending and they cannot contend that only after the applications are contested, they can file the written statement. Even as per the Original Side Rules, on receipt of suit summons, the written statement has to be filed within a period of six weeks. Merely because the parties are granted time liberally by the Courts, the same cannot be taken undue advantage by the litigants.
6. Considering the aforesaid aspect and also considering the Covid-19 situation intervened in the meanwhile and that the actual delay occurred was 148 days, in order to find a balance and also giving liberty to the parties to
OSA No. 67 of 2022
contest the main matter on merits, we are inclined to interfere with the impugned order passed by the learned Single Judge with respect to the deposit of a sum of Rs.1,00,000/-. Accordingly, the direction of the learned single judge to the appellant herein/second defendant in the suit to pay a cost of Rs.1,00,000/- is hereby modified and the appellant herein is directed to pay a cost of Rs.15,000/- (Rupees fifteen thousand only) to the Adyar Cancer Institute, Chennai within a period of one week from the date of receipt of copy of this judgment. On production of receipt of such payment, the written statement filed by the appellant herein shall be taken on file and the suit shall be proceeded further.
7. With the above modification and direction, this original side appeal is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (N.S.K.,J.) (G.K.M.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VVK
OSA No. 67 of 2022
N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. VVK OSA No. 67 of 2022 07-10-2026