this Court is inclined to award punishment of one monthCivil Prison to the first respondent/first defendant and the 1st respondent/1st Defendant is directed to undergo Civil Prison on payment of appropriate allowance.

A.Nos.5928 of 2023 and 436 of 2024 in C.S.(Comm.Div.) No.66 of 2023
P.VELMURUGAN, J
A.No.5928 of 2023 is filed by the applicant/plaintiff to punish the respondents/defendants for disobedience of the order passed by this Court on 05.04.2023 passed in O.A.No.232 of 2023 in C.S.(Comm.Div.) No.66 of 2023.

  1. A.No.436 of 2024 is filed to direct the defendants to produce the documents stated in the Judge’s Summons therein.
  2. When the matter came up before this Court on 03.04.2024, this Court found that the respondents 1 and 2/Defendants 1 and 2 have wilfully committed disobedience of the order of this Court dated 05.04.2023 passed in O.A.No.232 of 2023. Hence, this Court had directed the respondents 1 and 2/Defendants 1 and 2 to appear before this Court today (05.04.2024).
  3. Today (05.04.2024), when the matter is taken up for hearing, the 1st respondent/1st Defendant alone appeared before this Court and he accepted that he knew about the order of this Court dated 05.04.2024 and despite the same, he has violated the order of this Court.
  4. Therefore, this Court is inclined to award punishment of one month
    Civil Prison to the first respondent/first defendant and the 1st respondent/1st Defendant is directed to undergo Civil Prison on payment of appropriate allowance. The applicant/plaintiff is directed to pay the Batta in respect of the first respondent/first defendant.
  5. Further, since the 2nd respondent/2nd defendant has not appeared before this Court today, as directed by this Court on 03.04.2024, Registry is directed to issue warrant of arrest to the 2nd respondent/2nd defendant.
  6. Though the learned counsel for the respondents/defendants submitted that they are making serious attempts for settling the matter, considering the submissions made by the learned counsel for the respondents/defendants, and the Batta shall be paid in respect of the first respondent/first defendant after one week, if the amount is not settled between the parties before 19.04.2024.
  7. Considering the submissions made by the learned counsel for the applicant/plaintiff, since it is a matter of commercial nature and money is involved and in order to give breathing time for raising funds, and due to intervention of Central Elections, mobilising the huge funds is necessary and huge amount is involved in this suit, and since there is some difficulty in arranging the funds before 19.04.2024, and settle the matter before 22.04.2024, failing to pay the amount involved in the suit and settle the matter, Registry is directed to process the Batta on 23.04.2024.
  8. Failing to settle the matter on or before 22.04.2024, the Registry is directed to process the Batta in respect of the first respondent/first defendant and if the applicant/plaintiff has already filed Batta, the process of issuing Batta shall be with-held till 22.04.2024 in respect of the first respondent/first defendant.
  9. List the suit itself for final hearing on 24.04.2024, along with Application Nos.5928 and 2023 and 436 of 2024.
    05.04.2024
    ksa-2/cs
    Note: Issue order copy on 05.04.2024.
    P.VELMURUGAN, J
    ksa-2/cs
    A.Nos.5928 of 2023 and 436 of 2024 in
    C.S.(Comm.Div.) No.66 of 2023
    05.04.2024

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