Madras High Court
A/3146/2026 of Subash Projects and Marketing Limited Vs Esvee Engineering on 25 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2026
CORAM
THE HON'BLE MR JUSTICE P. VELMURUGAN
A No. 3146 of 2026, A NO. 3148 OF 2026, A NO. 3149 OF 2026
and A NO. 3147 OF 2026
in
CS NO. 614 OF 2013
Subash Projects and Marketing Limited
Now called as SPML Infra Limited,
Having its branch Office at Old No.2, New No. 28, Opposite to Pachaiyappas College, Kamanathan Street, Kilpauk, Chennai – 600 010.
..Applicant
Vs.
1. M/s.Esvee Engineering
No.31-A/11, North Phase SIDCO Estate,
Ambattur, Chennai 98,
Represented by its Partner S.Ganesan,
S/o.E.Subramaniam, 9/120, Kamaraj Street, TMP Nagar, Padi, Chennai 600 050.
2. Ms Sakthi Engineering
Represented by its Partner G.Senthilnathan, 519/398, MTH Road, Moogambikai Complex,Varadarajapuram,Ambattur, Chennai-600 053.
3. Ms Kathayayeni Engineering
Rep by its Proprietor H.Anand,
H-24, Avenue, Korattur, Chennai- 600 080.
..Respondents
CS No. 614 of 2013
CNR:{HCMA010396442013}
M/s. Esvee Engineering
No.31-A/11, North Phase SIDCO Estate
Ambattur, Chennai 98
Represented by its Partner S.Ganesan
S/o.E.Subramaniam,
9/120, Kamaraj Street, TMP Nagar, Padi,
Chennai – 600 050.
..Plaintiff
Vs.
1. Subash Projects and Marketing Limited ow Called As SPML INFRA LIMITED, having its Branch at Old No.2, New No.28, Opposite to Pachaiyappan College, Kamanathan Street, Kilpauk, Chennai 10.
2. M/s. Shakthi Engineering Service,
Represented by its Partner G.Senthilnathan 519/398, MTH Road, Moogambikai Complex, Varadarajapuram, Ambattur, Chennai 53.
3. M/s. Kathayayeni Enterprises
Represented by Its Proprietor
H.Anand
H-24, Central Avenue, Korattur,
Chennai 600 080.
..Defendants
A No. 3148 of 2026
Subash Projects and Marketing Limited
Now called as SPML Infra Limited,
Having its branch office at Old No.2, New No. 28, Opposite to Pachaiyappas College, Kamanathan Street, Kilpauk, Chennai 600 010.
..Applicant
Vs
1. M/s. Esvee Engineering
No.31-A/11, North Phase SIDCO Estate
Ambattur, Chennai 98
Represented by its Partner S.Ganesan
S/o.E.Subramaniam, 9/120, Kamaraj Street, TMP Nagar, Padi, Chennai – 600 050.
2. M/s Sakthi Engineering
Represented by its Partner G.Senthilnathan, 519/398, MTH Road, Moogambikai Complex, Varadarajapuram, Ambattur, Chennai – 600053.
3. M/s Kathayayeni Engineering
Represented by its Proprietor H.Anand,
H-24, Avenue, Korattur, Chennai - 600 080.
..Respondents
A No. 3149 of 2026
Subash Projects and Marketing Limited
Now called as SPML Infra Limited,
Having its branch office at Old No. 2, New No. 28, Opposite to Pachaiyappas College, Kamanathan Street, Kilpaulk, Chennai - 600 010.
..Applicant
Vs
1. M/s. Esvee Engineering
No.31-A/11, North Phase SIDCO Estate
Ambattur, Chennai 98
Represented by its Partner S.Ganesan
S/o.E.Subramaniam, 9/120, Kamaraj Street, TMP Nagar, Padi, Chennai – 600 050.
2. M/s. Sakthi Engineering
Represented by its Partner G.Senthilnathan, 519/398, MTH Road, Moogambikai Complex, Varadarajapuram, Ambattur, Chennai - 600053.
3. M/s.Kathayayeni Engineering
Represented by its Proprietor H.Anand,
H-24, Avenue, Korattur, Chennai - 600 080.
..Respondents
A No. 3147 of 2026
Subash Projects and Marketing Limited
Now called as SPML Infra Limited,
Having its branch office at Old No. 2, New No. 28, Opposite to Pachaiyappas College, Kamanathan Street, Kilpaulk, Chennai - 600 010.
..Applicant
Vs
1. M/s. Esvee Engineering
No.31-A/11, North Phase SIDCO Estate
Ambattur, Chennai 98
Represented by its Partner S.Ganesan
S/o.E.Subramaniam,
9/120, Kamaraj Street,
TMP Nagar, Padi, Chennai – 600 050.
2. M/s. Sakthi Engineering
Represented by its Partner G.Senthilnathan, 519/398, MTH Road, Moogambikai Complex, Varadarajapuram, Ambattur, Chennai - 600053.
3. M/s. Kathayayeni Engineering
Represented by its Proprietor H.Anand,
H-24, Avenue, Korattur, Chennai - 600 080.
..Respondents
To condone the delay of 530 days in filing the application to set aside the order dated 30.07.2024 in Application No. 2826 of 2024 in C.S. No 614 of 2013.
CS No. 614 of 2013
Directing the First Defendant to pay the plaintiff a sum of Rs.1,06,97,252/- together with the interest thereon at the rate of 18% p.a from the date of plaint till the date of realisation and directing the First Defendant to pay the costs of this suit.
A No. 3148 of 2026
To stay the execution of the ex parte decree dated 06/08/2019 in
C.S.No.614 of 2013 on the file of this Court, pending disposal of the set aside Application.
A No. 3149 of 2026
To enlarge the time extension for payment of cost of Rs.50,000/- to comply with the order dated 26.06.2024 in Application No. 2826 of 2024 in
C.S. No. 614 of 2013.
A No. 3147 of 2026
To Set aside the order dated 30/07/2024 in A.No.2826 of 2024 in
C.S.614 of 2013.
In all applications:
For Applicant(s):
Mr. G. Ashokapathy
for M/S.PASS ASSOCIATES
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COMMON ORDER
These applications have been filed seeking (i) to condone the delay of 530 days in filing the application to set aside the order dated 30.07.2024 made in A.No.2826 of 2024 in C.S.No.614 of 2013; (ii) to set aside the said order dated 30.07.2024; (iii) to stay the execution of the ex parte decree dated 06.08.2019 passed in C.S.No.614 of 2013; and (iv) to extend the time for payment of the cost of Rs.50,000/- imposed by this Court vide order dated 26.06.2024 in A.No.2826 of 2024 in C.S.No.614 of 2013.
2. This Court, vide order dated 26.06.2024 made in A.No.2826 of 2024 in C.S.No.614 of 2013, condoned the delay of 140 days in filing the application to set aside the ex parte decree passed in C.S.No.614 of 2013, subject to payment of a cost of Rs.50,000/-, and adjourned the matter for reporting compliance. Since the applicant failed to pay the said cost, this Court, vide order dated 30.07.2024, dismissed the application. Aggrieved by the said order, the applicant has filed A.No.3146 of 2026 seeking to condone the delay of 530 days in filing the application to set aside the order dated 30.07.2024 and has also filed the other applications referred to above.
3. Admittedly, the applicant failed to comply with the order dated 26.06.2024, pursuant to which the application came to be dismissed on
30.07.2024. Consequently, the ex parte decree passed in C.S.No.614 of 2013 has attained finality. The reasons stated in the affidavit to condone the delay of 530 days in filing the application to set aside the order dated 30.07.2024 is not satisfied. The applicant has not properly explained the reason for the delay. The motive of the applicant is only to protract the case. Considering the conduct of the applicant, this Court is not inclined to grant any further relief as sought for by the applicant by way of these applications. This Court is of the view that the present applications filed by the applicant are not sustainable and the same are liable to be dismissed.
4. Accordingly, these applications are dismissed. 25-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No BKN
P.VELMURUGAN J. BKN A No. 3146 of 2026 AND CS NO. 614 OF 2013,A NO. 3148 OF 2026,A NO. 3149 OF 2026,A NO.
25-09-2026