Dismissed
Winline (U.K.) Ltd. v. Sri Sarbali Steel Tubes Ltd.
Madras HCCS/243/2001
Case brief
from the order text
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COURT OF JUDICATURE AT MADRAS (ORDINARY…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 29TH DAY OF JUNE 2021
THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
C.S. No.243 of 2001
Winline (U.K) Ltd., a foreign company organized under the laws of the United Kingdom and having their address at 56, Grampian Gardens, London NW2 1JG Rep. By its Power Agent D.J.Malvankar ... Plaintiff
Versus
Sri Sarbati Steel Tubes Ltd., a company incorporated under the provisions of the Companies Act 1956 and having their registered office at 163/1, Broadway, Chennai-600 001. ... Defendants
Civil suit praying that this Hon'ble Court be pleased to pass a Judgement and decree in favour of the Plaintiff and against the Defendant in the sum of US$ 141,687 equivalent to Rs.66,59,289/- together with interest thereon @ 18% per annum from the date of the filling of the suit till payment/realization and costs;
This suit coming on this day before this court for hearing in the
presence of Mr.S.Vasudevan, Advocate for the plaintiff herein and https://hcservices.ecourts.gov.in/hcservices/
Mr.K.Bijai Sundar, Advocate for the defendant herein and upon reading the
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plaint filed herein and the learned counsel for the plaintiff having submitted
that the plaintiff is a limited company which was dissolved on 23.10.2018
and therefore, nothing survives in the suit, and this court doth recording the
same, it is ordered as follows:-
That the suit in C.S.No.243 of 2001, be and is hereby dismissed of having become infructuous.
WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29TH DAY OF JUNE 2021.
Sd./-
ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.
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VSP 09/08/2021
C.S. No.243 of 2001
ORDER DATED : 29.06.2021
THE HON'BLE MR.JUSTICE R.SUBRAMANIAN
FOR APPROVAL: 08/09/2021
APPROVED ON: 09/09/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.243 of 2001
Winline (U.K.) Ltd., a foreign company organized under the laws of the United Kingdom and having their address at 56, Grampian Gardens, London NW2 1JG
Rep. By its Power Agent, D.J.Malvankar
...Plaintiff
Vs.
Sri Sarbati Steel Tubes Ltd., a company incorporated under the provisions of the Companies Act, 1956 and having their registered Office at 163/1, Broadway, Chennai – 600 001.
...Defendant
Prayer: Plaint filed under Order VII of Original Side Rules r/w. Order XXXVII Rule 1, praying for a judgment and decree in favour of the plaintiff and against the defendant in the sum of US$ 141,687/-equivalent to Rs.66,59,289/- together with interest thereon @ 18% per annum from the date of the filing of the suit till payment / realization and costs.
For Plaintiff : Mr.S.Vasudevan For Defendant : Mr.K.Bijai Sundar
J U D G M E N T
The suit is one for recovery of money for breach of contract. It is
undoubtedly a 'commercial dispute' within the meaning of Section 2(1)(c)(i)
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of the Commercial Courts Act, 2015. Hence, the jurisdiction is determined
and the Commercial Division takes cognizance of the suit.
2.Mr.S.Vasudevan, learned counsel appearing for the plaintiff would submit that the plaintiff is a limited company, which was dissolved on 23.10.2018 and therefore, nothing survives in the suit.
3.Recording the said statement of the learned counsel, this suit is dismissed of having become infructuous. No costs.
Sd./-R.S.M.J 29.06.2021
List of witness and documents filed on the side of the plaintiff:
Nil
List of witness and documents filed on the side of the defendant:
Nil
Sd./-R.S.M.J 29.06.2021 //Certified to be true copy// Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies https://hcservices.ecourts.gov.in/hcservices/ of the Orders/Judgments/Decrees in this format.
R. Subramanian
As recorded by the court registry
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