RAVI STEELS AND ORS Vs. SULTAN STEEL INDUSTRIES

JUDGEMENT

(1.) The present Civil Revision Petition is filed by the petitioners challenging the order of the Court below in dismissing the application filed under Section 5 of the Limitation Act.

(2.) The petitioners as defendants in O.S.No. 3921 of 2003 on the file of the XIII Assistant Judge, City Civil Court, Chennai filed an appeal before the lower appellate Court in A.S.No. 96 of 2007. The said appeal was dismissed on 8.4.2008. The petitioners filed C.M.P.No. 30 of 2009 seeking to condone the delay of 266 days in filing the petition to set aside the judgment and decree made on 8.4.2008 in the above said appeal.

(3.) The respondent herein as the plaintiff filed the above said suit seeking for recovery of a sum of Rs. 3,50,000/- . It is the case of the plaintiff that the defendants are the tenants under the plaintiff . They were running a factory containing machinery with the sanctioned electricity power load of 80 HP. It is their further case that there was a sudden inspection by the Electricity Department and it was deducted that there was an unauthorised load as against the sanctioned load of 80 HP. On that basis, an enquiry was held and the use of unauthorised power of 122 HP was proved. Aggrieved against the same, the first defendant filed W.P.No.2320 of 1991, wherein this Court directed him to deposit a sum of Rs. 50,000/- with liberty to file an appeal before the appellate authority. The first defendant filed an appeal before the appellate authority who directed the 1st defendant to make the balance payment of Rs. 7,26,780/- payable to the Electricity Department. Aggrieved against the said order, the first defendant filed writ Petition in W.P.No. 11936 of 1992 before this Court and the same was also dismissed against which he filed W.A.No.465 of 2000 wherein the first defendant was directed to make a payment of Rs. 3,50,000/- by way of an interim order. In the mean time, the defendants vacated the premises on 30.3.1993. The plaintiff therefore issued a legal notice on 11.7.2000 calling upon the defendants to make the said payment of Rs.3,50,000/-. It is the case of the plaintiff that the defendants neither paid the money nor cared to reply to the said notice. As there was immediate threat of disconnection of electricity supply to the premises, the plaintiff paid the said sum of Rs.3,50,000/-. Finally, the said writ appeal also came to be dismissed. Thus, the plaintiff filed the above said suit claiming Rs.3,50,000/- from the petitioners herein. The trial Court decreed the suit. Aggrieved against the same, the petitioners filed an appeal in A.S.No. 96 of 2007 before the City Civil Court, Chennai. On 8.4.2008 when the appeal was taken up for hearing neither the petitioners nor their counsels appeared before the Court and the lower appellate Court upon hearing the arguments of the respondent and considering the matter on merits rejected the appeal by its judgment and decree dated 8.4.2008.