Case Note & Summary
The dispute originated from a civil suit (C.S.No.2 of 2020) in which a decree for Rs.1,24,21,512/- with interest was passed. The appellants, M/s.Eskay designs and its proprietor, filed Application No.3348 of 2024 before the single judge, which was rejected by order dated 09.08.2024. That order directed the appellants to deposit Rs.75.00 lakhs into the credit of the suit within eight weeks. Aggrieved, the appellants filed the present Original Side Appeal (O.S.A.No.46 of 2025) under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent, along with C.M.P.No.27060 of 2024 seeking condonation of 21 days delay. During the pendency of the appeal, the entire decreed amount was remitted by the appellants on 14.10.2024. The respondents initiated proceedings for payment out of the deposited amount, which was ordered, and they received the money on 06.01.2025. At the hearing, both counsel concurred on these facts. The Division Bench of Dr. Justice Anita Sumanth and Mr. Justice C. Kumarappan observed that the condition precedent to the appeal had been fully complied with and the object of the challenged order stood satisfied. Consequently, the court condoned the delay, directed the Registry to number the appeal, and then closed the Original Side Appeal as infructuous, also closing the connected miscellaneous petitions, with no order as to costs.
Headnote
A) Civil Procedure - Appeal – Infructuous – Condonation of Delay - Order XXXVI Rule 9 of the Madras High Court Original Side Rules, Clause 15 of the Letters Patent, 1865 - The appellants challenged an order directing them to deposit Rs.75.00 lakhs against a decree of Rs.1,24,21,512/-. During pendency, they remitted the entire amount on 14.10.2024, which was paid out to the respondents on 06.01.2025. The Court condoned the delay of 21 days and held that nothing further survives in the appeal, closing it with no costs. (Paras 3, 6)
Issue of Consideration
Whether the delay of 21 days in preferring the Original Side Appeal should be condoned; Whether the appeal survives in light of the full deposit and subsequent payment to the respondents
Final Decision
Delay of 21 days condoned; Original Side Appeal closed as nothing further survives; no costs. Connected miscellaneous petitions also closed.
Law Points
- Appeal becomes infructuous when condition precedent fully complied with and object of order satisfied
- delay of 21 days in filing appeal condoned as entire decretal amount remitted and paid to respondents
Case Details
2025 LawText (MAD) (02) 227
O.S.A.No.46 of 2025 and CMP Nos.27060 of 2024 and 3840 of 2025
Dr. Justice Anita Sumanth, Mr. Justice C. Kumarappan
Ms.G.Subhashini .R, Mr.K.V.Babu
M/s.Eskay designs, a proprietary concern represented by its proprietor Mr.K.Shivashankar Kailash; Mr.K.Shivashankar Kailash, Proprietor of M/s.Eskay designs
Dr.C.H.Venkateswara Rao, Mrs.C.H.Suseela Rani, Mr.K.Sailendra Kumar
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Nature of Litigation
Original Side Appeal against a single judge’s order directing deposit of decretal amount
Remedy Sought
The appellants sought condonation of 21 days delay in filing the appeal and to challenge the order dated 09.08.2024 directing deposit of Rs.75.00 lakhs
Filing Reason
The appellants were aggrieved by the rejection of their application and the direction to deposit Rs.75.00 lakhs against a decree of Rs.1,24,21,512/-
Previous Decisions
Single judge’s order dated 09.08.2024 in Application No.3348 of 2024 in C.S.No.2 of 2020 directed the appellants to deposit Rs.75.00 lakhs
Issues
Whether the delay of 21 days in filing the Original Side Appeal should be condoned
Whether the Original Side Appeal survives after full deposit and payment to the respondents
Submissions/Arguments
Both counsel agreed that the entire decretal amount was remitted by the appellants on 14.10.2024 and received by the respondents on 06.01.2025
Ratio Decidendi
When the condition precedent to an appeal has been fully complied with and the object of the order has been satisfied, the appeal becomes infructuous and is liable to be closed.
Judgment Excerpts
the entirety of the amount was remitted on 14.10.2024 and proceedings were initiated by the respondents seeking payment out of the amount, which has been ordered and the amount has been received by the respondents on 06.01.2025.
nothing further survives in this Original Side Appeal and the same is closed.
Procedural History
In C.S.No.2 of 2020, the single judge passed an order dated 09.08.2024 in Application No.3348 of 2024 directing the appellants to deposit Rs.75.00 lakhs. The appellants filed O.S.A.No.46 of 2025 with a delay of 21 days. They remitted the entire decretal amount on 14.10.2024. The respondents sought payment out, which was ordered, and they received the amount on 06.01.2025. On 18.02.2025, the Division Bench condoned the delay, directed numbering of the appeal, and then closed the appeal as infructuous.
Acts & Sections
- Madras High Court Original Side Rules, Order XXXVI Rule 9: Order XXXVI Rule 9
- Letters Patent, 1865: Clause 15
