The Commercial Division heard a suit for debt where the sole defendant failed to appear. When listed adjournment sought by counsel from the petitioner in New Delhi resulted in no instructions, the court dismissed the suit.
The suit was dismissed for default/non-prosecution with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.09.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR C.S.No.1124 of 2008
M/s Pearl Media A Venture of Century Communication Limited Rep. by its Authorised Signatory Mr.Y.Subhash. No.14 A, Lajpat Nagar, Part II, New Delhi- 110024 .. Plaintiff
Vs.
Ms.Rajshree Bhist Proprietor M/s. SURESH TELEVISION Old No. 236/237, New No. 3 8th Street, Ashtalakshmi Nagar Valasaravakkam Chennai 600 087 .. Defendant
This Civil Suit is preferred, under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 C.P.C., to direct the Defendant to pay the plaintiff a sum of Rs.1,16,34,300 along with interest @ 24% per annum on Rs.93,82,500/- from the date of Plaint till realisation and for costs.
For Plaintiff : Ms.Rajamani Ponnu For Mr.K.Harishankar
For Defendant : No Appearance
JUDGMENT
Ms.Rajamani Ponnu, learned counsel representing counsel on record for sole plaintiff is before this Commercial Division.
"MEMO FILED BY THE COUNSEL FOR PLAINTIFF
Sd/-
Counsel for Plaintiff" 4. Annexed to the aforesaid memo is a letter dated 07.07.2018 from plaintiff's counsel to plaintiff which reads as follows:
"To Mr.Y.subhash, M/s Pearl Media Venture of Century Communication Limited NO.14 A, Lajpat Nagar, Part II, New Delhi - 110 024
Dear Sir,
Sub:C.S No. 1124/2008-M/s Pearl Media Vs Rajshree Bhist High Court, Madras This is to inform you that the above referred suit was filed by you against Ms.Rajshree Bhist for recovering a sum of Rs.1,16,34,300 along with interest @ 24% per annum on Rs.93,82,500 before the Hon'ble High Court of Madras and the same was listed before Hon'ble Mr.Justice C.V.Karthikeyan on 02.07.2018. The Hon'ble judge was pleased to adjourn the case to 25.07.2018 to seek instructions from you and report to court whether the dispute till survives. There has been no communication from you for a long time. Therefore, kindly contact the undersigned at the earliest on receipt of this notice, failing which we will be reporting 'No Instructions' before the Hon'ble Court.
Thanking You. Yours Sincerely, Sd/K.HARISHANKAR Advocate 98410 76561 Copy to :- Mr.Y.Subhash, M/s Pearl Media, No. 1-B, Archana Apartments, 4/31, North Crescent Road, T.Nagar Chennai - 600 017"
07.09.2018
gpa/kan
M.SUNDAR, J. gpa/kan
C.S.No.1124 of 2008
07.09.2018
1 issue framed by the court
Whether a civil suit can be dismissed for default when the plaintiff's counsel reports no instructions due to the plaintiff's absence and failure to communicate.
2 provisions across 2 enactments
M/s Pearl Media A Venture of Century Communication Limited
Ms.Rajshree Bhist
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
