Dismissed

M/s.Tjsv Steel Fabrication and Galvanizing (India) Ltd., v. M/s.East Coast constructions

Madras HC5 Aug 2021CS/283/2017

Case brief

AI extract

What is this about?

The court dismissed a civil suit for non-prosecution after evidence was recorded in December 2019 but the plaintiff failed to submit on merits for nearly 20 months. Consequently, connected original and interim applications were closed.

What did the court decide?

Suit dismissed for non-prosecution; connected original and interim applications closed.

M/s.Tjsv Steel Fabrication and Galvanizing… — Contract and Commercial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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(ORDINARY ORIGINAL CIVIL JURISDICTION)

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THURSDAY, THE 05TH DAY OF AUGUST 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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C.S.(Comm.Div) No.283 of 2017 And

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O.A.No.380 of 2017 And A.NO.2263 of 2017 C.S.(Comm.Div) No.283 of 2017:-

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M/s.TJSV Steel Fabrication & Galvanizing (India)Ltd., Having Regd. Office TC 21/497, Makkal Lane, Kanattukara Post, Ayyanthol, Thrissur, Kerala – 680 011. Represented by its Authorised Representative *Mr.Varghere Paul (Ammended as per order dated 04.06.2019 in A.No.1247 of 2019) ...Plaintiff

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M/s.East Coast Constructions and Industries Limited Having Regd. Office at “Buhari Building” No.4, Moores Road, Chennai – 600 006. ...1^st Defendant 2. The South Indian Bank,Udumalpet Branch, No.168/4, Palani Road, Gandhi Nagar P.O, Udumalpet, Tirupur District – 642 201. ...2^nd Defendant

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Civil Suit Praying that this Hon'ble Court be pleased to Judgment

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https://hcservices.ecourts.gov.in/hcservices/

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and Decree against the 1^st Defendant to:

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(a) Discharge the performance Bank Guarantee

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B.G.No.0349BG000112013 dated 22.10.2013 amounting to

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Rs.25,75,000.00;

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(b) direct the payment of a sum of Rs.1,04,00,796.00 (Rupees One

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Crore Four Lakh Seven Hundred and Ninety Six Only) to the Plaintiff along with 12% interest from the date of Plaint, i.e.10.04.2017 to the date of realization;

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O.A.No.380 of 2017:-

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...Applicant/Plaintiff in A.No.2263 of 2017

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M/s.East Coast Constructions and Industries Limited Having Regd. Office at “Buhari Building”, No.4, Moores Road, Chennai – 600 006. ...1^st

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...1^st Respondent / 1^st defendant in A.No.2263 of 2017

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The South Indian Bank,Udumalpet Branch, No.168/4, Palani Road, Gandhi Nagar P.O., Udumalpet,

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https://hcservices.ecourts.gov.in/hcservices/ Tirupur District – 642 201. ...2^nd

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...2^nd Respondent/ 2^nd Defendant in A.No.2263 of 2017

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O.A.No.380 of 2017:-

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Original Application praying that this Hon'ble Court be pleased to grant interim injunction restraining the 1^st Respondent from encashing the Bank Guarantee, B.G.No.0349BG000112013 dated 22.10.2013 amounting to Rs.25,75,000.00/- pending disposal of the suit.

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A.No.2263 of 2017:-

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Application praying that this Hon'ble Court be pleased to direct the 1^st Respondent to take steps for certifying the quantities of the works done for release of payments.

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This Civil Suit along with these applications coming on this day before this court for hearing in the presence of Mr.J.V.Mohan Kumar for M/s.King & patridge, advocates for the plaintiff in C.S.No.283 of 2017 and for the applicant in O.A.No.380 of 2017 and A.No.2263 of 2017 and Mr.P.Rishikesh, advocate for the 1^st defendant in C.S.No.283 of 2017 and for the 1^st respondent in O.A.No.380 of 2017 and A.No.2263 of 2017 and upon reading the plaint filed in C.S.No.283 of 2017 and the order dated 19/04/2017 made in O.A.No.380 of 2017 and A.No.2263 of 2017 and the order dated 13/06/2017 made in A.No.2263 of 2017 and this court having observed that evidence in this case was recorded in the month of December 2019, thereafter, the plaintiff had not come forward

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https://hcservices.ecourts.gov.in/hcservices/

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to make submission on the merits of this case instead, taken time to

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report settlement and this court is of the view that there is no purpose in

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keeping the case pending under the commercial division for more than 20

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months without any progress and it is ordered as follows:-

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That the Suit in C.S.(Comm.Div) No.283 of 2017 be and is hereby

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dismissed for non-prosecution.

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That these O.A. No.380 of 2017 and A.NO.2263 of 2017 do

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stand closed.

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That there shall be no order as to costs of this suit.

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WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 05TH DAY OF AUGUST 2021.

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Sd./-

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ASSISTANT REGISTRAR(Comm.Cases) //Certified to be true copy//

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Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments.

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https://hcservices.ecourts.gov.in/hcservices/

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VSP 13/09/2021

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C.S.(Comm.Div) No.283 of 2017 And O.A.No.380 of 2017 And A.NO.2263 of 2017

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ORDER

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DATED : 05.08.2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

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FOR APPROVAL: 21/09/2021

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APPROVED ON: 22/09/2021

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https://hcservices.ecourts.gov.in/hcservices/

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 05.08.2021

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CORAM:

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S.(Com.Div.) No.283 of 2017

and

O.A.No.380 of 2017 &

A.No.2263 of 2017

M/s.TJSV Steel Fabrication & Galvanizing (India) Ltd., Having Registered Office TC 21/497, Makkal Lane, Kanattukara Post, Ayyanthol, Trissur, Kerala-680 011. Represented by its Authorised Representative Mr.Varghese Paul

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(Amended as per order dated 04.06.2019 in A.No.1247 of 2019)

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...Plaintiff

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/versus/

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1.M/s.East Coast Constructions and Industries Limited, Having Registered Office at “Buhari Building”, No.4, Moores Road, Chennai-600 006.

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2.The South Indian Bank, Udumalpet Branch, No.164/4, Palani Road, https://hcservices.ecourts.gov.in/hcservices/ Gandhi Nagar P.O., Udumalpet, Tirupur District-642 201.

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.. Defendants

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This Civil Suit is filed under Order IV Rule 1 Original Side Rules read with Order VII Rule 1 of CPC , prayed for (a) Discharge the performance Bank Guarantee B.G.No.0349BG000112013 dated 22.10.2013 amounting to Rs.25,75,000.00;

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(b) Direct the payment of a sum of Rs.1,04,00,796.00 (Rupees One Crore Four Lakh Seven Hundred and Ninety Six Only) to the Plaintiff along with 12% interest from the date of Plaint, i.e.10.04.2017 to the date of realization;

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For Plaintiff : M/s.King and Partridge For Defendants : Mr.P.Rishikesh for D1

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JUDGMENT

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Evidence in this case was recorded in the month of December 2019. Thereafter, the plaintiff had not come forward to make submission on the merits of this case instead taken time to report settlement. In spite of several adjournments and keeping the matter pending for nearly 20 months, the learned counsels are not ready to take the case forward or to settle.

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https://hcservices.ecourts.gov.in/hcservices/

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2. This Court is of the view that, there is no purpose in keeping the

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case pending under the commercial division for more than 20 months without any progress. Hence the suit is dismissed for non prosecution. Consequently, all other connected applications are closed. There shall be

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no order as to costs.

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Sd./-G.J.J 05.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021.

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COURT OFFICER(O.S.)

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From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Tjsv Steel Fabrication and Galvanizing (India) Ltd., v. M/s.East Coast constructions

Case brief

What is this about?

What did the court decide?

M/s.Tjsv Steel Fabrication and Galvanizing (India) Ltd., v. M/s.East Coast constructions

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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