Suit valuing Rs. 2.09 Crores for debt recovery listed for dismissal due to plaintiff's non-appearance. No counsel entered appearance after previous notices. Suit dismissed for non-prosecution with no costs.
Suit dismissed for default/non-prosecution. No costs awarded. Connected applications closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.12.2018
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR
C.S.No.928 of 2017
and A.No. 5249 of 2018
A.N.Rajendiran
S/o.K.Nambiappan
Flat No.G-2, Shyam Sundar Apartments,
No.20, Ramanathan Street,
Kilpauk,
Chennai- 600 010. ..Plaintiff
Vs.
1.T.Arunachalam,
S/o.Thiyagarajan
V.P.Foundations Pvt.Ltd,
Flat No.B-2, II Floor, Vignesh Villa, Door No.68,
10 th Avenue,
Ashok Nagar,
Chennai- 600 083.
Also at
Newery Park Towers
Flat No.404A, 4 th Floor
No.9-Park Road, Annanagar west
Chennai- 600101.
2. S.J.Associates Plot Promoters & Developers Pvt. Ltd
Rep.by its Director
No.40, Ist Floor
10 th Avenue,
Ashok Nagar,
Chennai- 600 083
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3. V.P.Foundations Pvt Ltd
Rep.by its Director
Flat No.B-2, II Floor, Vignesh Villa, Door No.68,
10th Avenue,
Ashok Nagar,
Chennai – 600 083.
Chennai- 600 083.
C/o V.P.Foundations Pvt Ltd,
Flat No.B-2, II Floor, Vignesh Villa, Door No.68, 10th Avenue,
Ashok Nagar,
Chennai- 600 083. .. Defendants
This Civil Suit is preferred, under Order V Rule 1 of Original Side Rules read with under Order-VII Rule 1 of Code of Civil Procedure praying to
a) By Directing the defendants jointly and severally to pay to the plaintiff a sum of Rs.2,09,43,960.00 [Rupees Two Crores Nine Lakhs Fourth Three Thousand and Nine Hundred Sixty Only] together with interest thereon at 18% per annum principal amount of Rs.1,53,30,000/- on the said sum from the date of plaint to till date of realization;
b) Direct the defendant to pay the cost of the suit;
c) grant such further or other reliefs as this Hon'ble Court may deem
fit and proper in the circumstances of the case and thus render justice.
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For Plaintiff : Non-appearance
For Defendants : Mr.R.Krishha Prasad
of M/s.Sarvabhauam Associates
for Defendant Nos.1 to 4
Mr.J.Daniel
for defendant No.5
JUDGMENT
There is a sole plaintiff and there are five defendants in this suit.
2. With regard to Defendants 1 to 4 Mr. Krishna Prasad of
M/s.Sarvabhauman Associates [Law Firm] is before this Commercial Division.
On behalf of 5th defendant Mr.J.Daniel, is before this Commercial Division.
continuation of earlier proceedings of this Commercial Division dated 12.10.2018, 16.11.2018, 06.12.2018 which read as follows:
'Proceedings on 12.10.2018:
Learned counsel, who was appearing for the sole
plaintiff has filed a memo dated 08.10.2018, which reads as follows:
'The above said Civil Suit filed by one Mr.A.N.Rajendiren is not willing to continue the case through me. In these circumstances he requested to
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handover the bundle. Therefore, we had given the change of vakalath along with entire papers to him on 04.10.2018.
It is therefore prayed that this Hon'ble Court may be pleased to record this memo and delete the plaintiff counsel name and thus render justice.
Dated at Chennai on this 08th day of October 2018.
for sole plaintiff, and Mr.S.Ravichandran, learned counsel for
defendants 1 to 3 are before this Commercial Division.
3. Registry to verify if any new counsel has entered appearance and show the name of the new counsel in the next listing.
'Proceedings on 16.11.2018:
Read this in conjunction with and in continuation of earlier proceedings of this Commercial Division dated 12.10.2018.
Registry to put up a note as to whether the new counsel has entered appearance.
If that not be so, Registry to show the name of plaintiff together with his full/compete address as in the short and long cause titles in the next listing.
List this matter on 06.12.2018.'
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' Proceedings on 06/12/2018:
Read this in conjunction with and in continuation of earlier proceedings of this Commercial Division dated 16.11.2018.
Name of the sole plaintiff together with his full/complete address as in the short and long cause titles of the plaint is shown in the cause list. Name called out aloud thrice. No response.
Registry has also put up a note saying that no new counsel has entered appearance. With the intention of giving one more opportunity to the sole plaintiff, list this matter in the same manner tomorrow i.e., 07/12/2018 under the caption 'for dismissal'.'
aloud thrice. There is no response.
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07.12.2018
gpa/ssb
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M.SUNDAR,J
gpa/ssb
C.S.No.928 of 2017 and
A.No. 5249 of 2018
07.12.2018
1 issue framed by the court
Whether to dismiss the suit for default due to non-appearance of plaintiff and non-prosecution.
1 provisions across 1 enactments
A.N.Rajendiran
T.Arunachalam
S.J.Associates Plot Promoters & Developers Pvt. Ltd
C.M.Amara Jeeva
Amutha Vijakumar
M Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
