Dismissed
M/S Meenam Fisheries Ltd., v. State Bank of India
Madras HCCS/421/2007
Case brief
from the order text
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COURT OF JUDICATURE AT MADRAS DATED :…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.421 of 2007
M/s.Meenam Fisheries Limited,
Rep. by its Chairman, Thiru T.R.B.Rajaa
... Plaintiff
Versus
1.State Bank of India,
Rep. by its Chairman.
2.The Deputy General Manager,
State Bank of India,
Overseas Branch.
3.The Chief Manager,
IB Division of State Bank of Inida,
Overseas Branch, Rajaji Salai.
... Defendants
Plaint filed under Order II, Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of Civil Procedure Code praying to pass a judgment and decree for:
(a) directing the defendants to pay a sum of Rs.24,22,377.00/- with subsequent interest at the rate of 24%
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per annum on Rs.13,30,957/- from the date of plaint till date of realization;
(b) directing the defendants to pay a sum of Rs.1 lakh as compensation with interest at the rate of 24% p.a from the date of plaint till realization and
(f) direct the defendants to pay the cost of the suit.
For Plaintiff : No appearance
For Defendants : Mr.K.Sankaran
J U D G M E N T
The suit is for directing the defendants to pay a sum of
Rs.24,22,377.00/- with subsequent interest at the rate of 24% per annum on Rs.13,30,957/- from the date of plaint till date of realization, directing the defendants to pay a sum of Rs.1 lakh as compensation with interest at the rate of 24% p.a from the date of plaint till realization and for costs of the suit.
no representation, it is posted today for dismissal. Even today there is no representation for the plaintiff.
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3. Hence, the suit is dismissed with costs of the defendants.
30.01.2018
dsa
Index : No
Internet : Yes
Non-speaking Order
List of the witnesses examined on the side of the plaintiff :
PW1 - Mr.G.Natarajan
PW2 - Mr.K.Sivakumar
List of Exhibits marked on the side of the plaintiff:
Sl. Exhibits Description Dated
No.
1 Ex.P1 Original Authorisation letter given by the 05.03.2014
plaintiff.
2 Ex.P2 Plaintiff's Requisition letter to the 2 nd 30.10.2003
defendant.
3 Ex.P3 Plaintiff's Authorisation letter to debit to the 30.10.2003
2 nd defendant.
4 Ex.P4 Customer transfer order of 2 nd defendant to 31.10.2003
transfer from Chennai to Singapore.
5 Ex.P5 Debit advice of the 2 nd defendant. 31.10.2003
6 Ex.P6 Applications for the release of the blocked 06.11.2003
fund to U.S. Treasury.
7 Ex.P7 Representation to the 1 st defendant to 07.11.2003
release the blocked fund.
8 Ex.P8 Forwarding letter to the 2 nd defendant to 07.11.2003
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| Sl. No. |
Exhibits | Description | Dated |
|---|---|---|---|
| Singapore-SBI. | |||
| 9 | Ex.P9 | Plaintiff's requisition letter to the 2nd defendant. |
12.11.2003 |
| 10 | Ex.P10 | Debit Advice for Rs.13,34,626.00 from plaintiff to M/s.Nitco Enterprises. |
12.11.2003 |
| 11 | Ex.P11 | Customer copy of the message report. | 13.11.2003 |
| 12 | Ex.P12 | Requisition letter from the plaintiff to the 3rd defendant. |
19.11.2003 |
| 13 | Ex.P13 | Letter from the Department of Treasury, USA to SBI Singapore. |
16.12.2003 |
| 14 | Ex.P14 | Letter from the Department of Treasury, USA to the 2nddefendant. |
17.02.2004 |
| 15 | Ex.P15 | Letter of the 2nddefendant. | 22.03.2004 |
| 16 | Ex.P16 | Office copy of Legal notice to all the defendants. |
28.09.2005 |
| 17 | Ex.P17 | Acknowledgment cards. | -- |
| 18 | Ex.P18 | Original Reply notice to plaintiff's Advocate. | 10.10.2005 |
| 19 | Ex.P19 | Office copy of Rejoinder notice to defendant Advocate. |
08.11.2005 |
| 20 | Ex.P20 | Acknowledgment card. | -- |
| 21 | Ex.P21 | Original Reply notice to the rejoinder notice. | 22.11.2005 |
| 22 | Ex.P22 | Authorisation letter. | 25.06.2014 |
| 23 | Ex.P23 | Authorisation letter. | 22.04.2015 |
List of the witnesses examined on the side of the plaintiff :
DW1 - Mr.S.Prabhakaran
DW2 - Mr.V.Radhakrishnan
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List of Exhibits marked on the side of the plaintiff:
| Sl. No. |
Exhibits | Description Dated |
|---|---|---|
| 1 | Ex.D1 | Form A2. -- |
| 2 | Ex.D2 | Authorisation and other letters. -- |
| 3 | Ex.D3 | Authorisation letter. 27.05.2014 |
| 4 | Ex.D4 | Photo copy of United States Government Sanctions. -- |
| 5 | Ex.D5 | Authorisation letter. 30.10.2003 |
| 6 | Ex.D6 | Authorisation letter. 31.10.2003 |
| 7 | Ex.D7 | Photo copy of Proforma Invoice. 15.10.2003 |
| 8 | Ex.D8 | Annexure – 1 & 2. -- |
| 9 | Ex.D9 | Letter sent by the defendant to the office of Foreign Assets Control, USA. -- |
| 10 | Ex.D10 | Copy of the letter addressed by the plaintiff to the branch. -- |
| 11 | Ex.D11 | Office copy of plaintiff's letter to Reserve Bank of India. -- |
| 12 | Ex.D12 | Certified copy of order in A.No.4393 of 2013 by Hon'ble High Court, Madras. 09.10.2003 |
| 13 | Ex.D13 | Authorisation letter. 01.12.2015 |
30.01.2018 dsa
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R.SUBRAMANIAN, J.
dsa
C.S.No.421 of 2007
30.01.2018
M/s.Meenam Fisheries Limited
State Bank of India
R.Subramanian
As recorded by the court registry
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