Dismissed
M/S.Apple Credit Corporation v. M/S.Alsa Constructions
Madras HCCS/378/1998
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from the order text
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COURT OF JUDICATURE AT MADRAS DATED :…
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.03.2018
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
C.S.No.378 of 1998
M/s.Apple Credit Corporation Limited
Represented by its Associate Vice-President
& Authorised Signatory
Mr.K.Suryanarayanan. ... Plaintiff
Vs.
1.M/s.Alsa Constructions and Housing Ltd.,
Represented by its Director
2.M/s.Alsa Marine and Harvests Ltd
Represented by its Director
3.Mr.Altaf Pasha
4.Mr.Salim Pasha
5.The Official Liquidator,
High Court, Madras.
(5 th defendant impleaded as per order
dated 22.03.2010 in A.No.1575 of 2010
& Order dated 12.02.2013 in A.No.645/13) ...Defendants
This Civil Suit is preferred,under Order VII Rule 1 CPC and under Order IV Rule 1 of O.S.Rules, praying to grant a judgment and decree:
a) jointly and severally against the 1st defendant hirer and the 3rd defendant personal guarantor, for the sum of Rs.75,69,733.54 due and recoverable under Hire Purchase Agreement No.CGH-023-027 dated http://www.judis.nic.in 29.10.1994, together with further interest on the balance due under such
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agreement in the sum of Rs.68,46,072.70 at the contract rate of 36% per annum from the date of institution of this suit till realisation, and costs;
b) jointly and severally against the 1st defendant hirer, 2nd defendant co-hirer and the 3rd defendant personal guarantor, for the sum of Rs.1,67,998.19 due and recoverable under Hire Purchase Agreement No.CGH-032 dated 18.11.1994, together with further interest on the balance due under such agreement in the sum of Rs.1,58,340.00 at the contract rate of 36% per annum from the date of institution of this suit till realisation, and costs;
c) jointly and severally against the 1st defendant hirer, 2nd defendant co-hirer and the 3rd defendant personal guarantor, for the sum of Rs.2,14,712.24 due and recoverable under Hire Purchase Agreement No.CGH-037 dated 06.12.1994, together with further interest on the balance due under such agreement in the sum of Rs.2,00,960.20 at the contract rate of 36% per annum from the date of institution of this suit till realisation, and costs;
d) jointly and severally against the 1st defendant hirer, 3rd defendant personal guarantor and the 4th defendant personal guarantor, for the sum of Rs.1,31,532.82 due and recoverable under Hire Purchase Agreement No.CGH-050 dated 24.01.1995, together with further interest on the balance due under such agreement in the sum of Rs.99,171.60 at the contract rate of 36% per annum from the date of institution of this suit till realisation, and costs;
e) jointly and severally against the 1st defendant hirer, 2nd defendant co-hirer and the 3rd defendant personal guarantor, for the sum of Rs.15,02,288.13 due and recoverable under Hire Purchase Agreement No.CGH-066-a dated 31.03.1995, together with further interest on the balance due under such agreement in the sum of Rs.12,07,375.00 at the contract rate of 36% per annum from the date of institution of this suit till http://www.judis.nic.in realisation, and costs;
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f) jointly and severally against the 1st defendant hirer, 2nd defendant co-hirer and the 3rd defendant personal guarantor, for the sum of Rs.6,86,811.39 due and recoverable under Hire Purchase Agreement No.CGH-066-b dated 31.03.1995, together with further interest on the balance due under such agreement in the sum of Rs.5,50,563.00 at the contract rate of 36% per annum from the date of institution of this suit till
realisation, and costs;
For Plaintiff : No Appearance
For Defendants : No Appearance for D1 to D4
Ms.J.Madhuri for D5
J U D G M E N T
Ms.J.Madhuri, learned counsel for Official Liquidator attached to this Court (defendant No.5), who has stepped into the shoes of defendant
No.1 Company, is before this Commercial Division.
proceedings of this Commercial Division dated 08.02.2018 and 28.02.2018. I deem it appropriate to extract both the aforesaid proceedings of this Commercial Division.
reads as follows:
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“ Mr.V.V.Sairam, counsel on record for plaintiff submits that there is some difficulty in getting further instructions from his client.
2. Mr.V.V.Sairam, requests a fortnight's time for writing to his client and he submits that he will report no instructions, if there is no change in the situation. Obviously, if he gets instructions, he will proceed with the matter.
3. It is submitted that Ms.J.Madurai, learned counsel has entered appearance on behalf of the Official Liquidator, i.e., first defendant, which I am informed has
been ordered to be wound up.
4. List the matter on 28.02.2018.”
reads as follows:
Liquidator (Defendant No.1) and Mr.Jussain Afroze, learned counsel representing Zafferullah Khan are before this Commercial Division.
There is no representation for plaintiff.
List the matter under the caption 'For Dismissal' on
02.03.2018.”
suit has been listed under the caption 'For dismissal'. The position is no different today. There is no representation for plaintiff.
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dismissing the suit for default/non prosecution.
02.03.2018
vsm
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M.SUNDAR.J.,
vsm
C.S.No.378 of 1998
02.03.2018
1 issue framed by the court
Whether the suit should be dismissed for default/non-prosecution due to absence of the party representing the plaintiff.
M/s.Apple Credit Corporation Limited
M/s.Alsa Constructions and Housing Ltd.
M.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court