Dismissed

Jagadeesan Ganesh v. Bank of Baroda

Madras HC8 Jul 2021CS/408/2019

Case brief

AI extract

What is this about?

Defendants applied for summary dismissal of a money recovery suit. The court found the plaintiff's original counsel had withdrawn vakalat and the new counsel failed to file a vakalat, resulting in the plaintiff's non-appearance. Consequently, the suit was dismissed for default without adjudicating merits.

What did the court decide?

The suit C.S.No.408 of 2019 is dismissed and connected application is closed with no order as to costs.

Jagadeesan Ganesh Vs Bank of Baroda — 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 08^th DAY OF JULY 2021

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THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

C.S.No.408 of 2019

and

A.No.614 of 2020

Jagadeesan Ganesh, S/o.Jagadeesan, No.18F, Pine Mansion, Harbour View Garden, Taikoo Shing, Hankong, Temporary Address, Plot No.985, 67^th Street, 11^th Sector, K.K.Nagar, Chennai – 600 078.

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... Plaintiff

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/versus/

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Bank of Baroda, R.K.Nagar Branch, No.60, V.K,Iyer Road, R.A.Puram, Chennai – 600 028.

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Rep. by its Chief Manager,

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Bank of Baroda, Regional Office, No.10, C.P.Ramasamy Road, Chennai – 600 018.

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M/s.S.J.Kala Agro Foods Private Limited, No.288, T.T.K.Road, Alwarpet, Chennai – 600 028. ... Defendants

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Civil suit praying that this Hon'ble be pleased to pass a judgment and

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

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decree against the defendants:-

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(i). Directing the 1^st defendant to pay the plaintiff the sum of

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Rs.2,42,14,756/- together with interest at the contract rate from the date of

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planit till the date of actual payment.

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(ii). To pay the cost of the suit to the plaintiff.

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A.No.614 of 2020:-

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Bank of Baroda, R.K.Nagar Branch, No.60, V.K,Iyer Road, R.A.Puram, Chennai – 600 028. Rep. by its Chief Manager,

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Bank of Baroda, Regional Office, No.10, C.P.Ramasamy Road, Chennai – 600 018.

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: Applicants

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-vs-

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Jagadeesan Ganesh, S/o.Jagadeesan, No.18F, Pine Mansion, Harbour View Garden, Taikoo Shing, Hankong, Temporary Address, Plot No.985, 67^th Street, 11^th Sector, K.K.Nagar, Chennai – 600 078. : Respondent Application praying that this Hon'ble be pleased to pass a summary

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judgement by dismissing the above suit in toto with exemplary cost.

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This Civil suit alongwith application coming on this day before this

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court for hearing in the presence of Mr.M.Praveen Kumar, Advocate for the https://hcservices.ecourts.gov.in/hcservices/

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Defendants 1 and 2 in C.S.No.408 of 2019 and for the Applicants in

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A.No.614 of 2020 and the plaintiff in C.S.No.408 of 2019 and for the

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respondent in A.No.614 of 2020 not appearing in person or by advocate and

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upon reading the plaint filed in C.S.No.408 of 2019 and the judges summons and the affidavit of C.Suresh Samraj filed in A.No.614 of 2020, and this court having observed that without adverting to the merits of the Application No.614 of 2020, wherein, the summary decree is sought by the defendant to dismiss the suit. For the default of the plaintiff, the suit is dismissed.

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It is ordered as follows:-

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That the Suit in C.S.No.408 of 2019 be and is hereby dismissed.

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That the connected A.No.614 of 2020 do 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 08^th DAY OF JULY 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/Decrees in this format.

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

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SK-27.08.2021

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C.S.No.408 of 2019 and A.No.614 of 2020

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ORDER :- DATED : 08.07.2021

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THE HON'BLE DR.JUSTICE G.JAYACHANDRAN

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FOR APPROVAL:31.08.2021

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APPROVED ON:02.09.2021

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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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Date : 08.07.2021

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Coram::

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THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

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C.S.No.408 of 2019 & A.No.614 of 2020

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Jagadeesan Ganesh, S/o.Jagadeesan, No.18F, Pine Mansion, Harbour View Garden, Taikoo Shing, Hankong, Temporary Address, Plot No.985, 67^th Street, 11^th Sector, K.K.Nagar, Chennai – 600 078.

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... Plaintiff

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/versus/

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Bank of Baroda, R.K.Nagar Branch, No.60, V.K,Iyer Road, R.A.Puram, Chennai – 600 028. Rep. by its Chief Manager,

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Bank of Baroda, Regional Office, No.10, C.P.Ramasamy Road, Chennai – 600 018.

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M/s.S.J.Kala Agro Foods Private Limited, No.288, T.T.K.Road, Alwarpet, Chennai – 600 028. ... Defendants

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Prayer: Plaint is filed under Order IV Rule 1 of Original Side Rules, 1956

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https://hcservices.ecourts.gov.in/hcservices/ read with Order VII Rule 1 of C.P.C.,

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(i). Directing the 1^st defendant to pay the plaintiff the sum of

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Rs.2,42,14,756/- together with interest at the contract rate from the date of

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planit till the date of actual payment.

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(ii). To pay the cost of the suit to the plaintiff.

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For Plaintiff : No appearance For D1 & D2 : Mr.M.Praveen Kumar

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JUDGMENT

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The is a suit for recovery of money filed by a customer as against the banker. The defendants have filed the respective written statement and also an application to a pass summary decree dismissing the suit with exemplary costs was taken out by the defendants. At that stage, the Learned Counsel, who initially filed the suit for the plaintiff had informed the defendant's counsel and this Court that he has given consent for change of counsel. At that stage, this Court has issued notice to the plaintiff informing the withdrawal of the Vakalat by their Counsel Mr.Devasenan.

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2. From the Office note, this Court finds that Mr.S.Venkatesan

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https://hcservices.ecourts.gov.in/hcservices/ and S.Jaganathan, has filed Vakalat on behalf of the plaintiff in Diary

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No.2050/2020 but the same was returned for defective filing. Neither the

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plaintiff nor his new counsel has taken steps to represent the Vakalat.

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3. The suit is listed today to hear the application of the defendant to pass summary decree. The name of the plaintiff and the name of the new counsel whose Vakalat returned is printed in the cause list. Since the pleadings are already been completed, the plaintiff ought to have filed the affidavit of admission and denial. However, there is no representation for the plaintiff.

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4. In the said circumstances, without adverting to the merits of the Application No.614 of 2020, wherein, the summary decree is sought by the defendant to dismiss the suit. For the default of the plaintiff, the suit is dismissed. There shall be no order as to costs. Consequently, connected Application is also closed.

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08.07.2021

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//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/Decrees in this format.

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

Jagadeesan Ganesh v. Bank of Baroda

Case brief

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Jagadeesan Ganesh v. Bank of Baroda

Case brief

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