The plaintiff failed to ensure service of summons and did not pay adjudicated costs or appear before the court. The High Court of Judicature at Madras dismissed the suit for default.
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C.S.(Comm.Div).No.460 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
C.S(Comm.Div.).No.460 of 2019
M/s.HEMANG RESOURCES LTD., Plot No.4, 6th Avenue Harington Road, Chetpet, Chennai 600 031, Tamilnadu Represented by its Chief Executive Officer & Whole Time Director Mr.Deepak Tiwary ... Plaintiff Versus SSP SPONGE IRON PVT.LTD., 3-4-811, D Block, Road No.1, Bakatpura, Hyderabad-500 027, Telangana ... Defendant
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules 1956 read with Order VII Rule 1 of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, praying for,
(a). Directing the Defendant to pay the sum of Rs.1,47,99,363/(Rs.98,86,792/- together with interest of Rs.49,12,571/- calculated at 18% per
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C.S.(Comm.Div).No.460 of 2019
annum from 31.03.2016 to 31.01.2019) and further interest from date of plaint till date of recovery and for the costs of the suit.
For Plaintiff : No appearance JUDGMENT
(This case has been heard through video conference)
The suit is for recovery of money filed by the sole plaintiff against the
sole defendant.
Hence the matter was posted on 12.07.2021 for further proceedings. On the said date of hearing, this Court ordered fresh summons to the defendant and directed the Registry to post the matter after four weeks. Accordingly, on 09.08.2021, the
matter was listed for hearing. On that day, there was no representation for the plaintiff. Recording that the plaintiff has not paid batta as ordered on 12.07.2021,
the case was adjourned today (i.e. 07.09.2021).
the plaintiff. The suit was filed as a commercial dispute, invoking the provisions
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C.S.(Comm.Div).No.460 of 2019
of the Commercial Courts Act. The plaint was presented on 29.03.2019. Leave to
sue was granted on 25.06.2019 and thereafter, the plaintiff has not ensured the
service of summons on the sole defendant. In spite of direction to take fresh
summons, the plaintiff has failed to pay batta and also had not turned up to
represent the matter .
4. In the said circumstances, the suit is dismissed for default. No costs.
07.09.2021
Index :Yes/No
speaking order/non speaking order
rpl
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C.S.(Comm.Div).No.460 of 2019
DR.G.JAYACHANDRAN, J.
rpl
C.S(Comm.Div.).No.460 of 2019
07.09.2021
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2 provisions across 2 enactments
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
