In C.S. No. 463 of 2016, the High Court at Madras dismissed a civil suit filed for payment of USD 163,800 with interest for default due to the plaintiff's continuous non-appearance.
Suit dismissed for default; no order as to costs granted.
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
(ORDINARY ORIGINAL CIVIL JURISDICTION)
FRIDAY, THE 2ND DAY OF JULY, 2021
THE HON'BLE MR. JUSTICE R. G. JAYACHANDRAN
C.S. No.463 of 2016
M/s. St. John Freight Systems Ltd Rep. by Mr. Benedict Victor, AVP & Company Secretary Having its Corporate Office at No. 480, Anna Salaikhivraj Building Complex II, 7th Floor, Nandanam, Chennai - 600 035.
..Plaintiff
Vs.
Civil Suit praying that this Hon'ble Court be pleased to pass prays that
this Hon'ble Court may be pleased to pass a Judegement and Decree against the defendant.
(a) directing the defendant to pay a sum of US $163,800 is due from the Defendant to the Plaintiff for the service rendered equivalent to Indian Rupees being Rs. 1,11,38,400/- (One Crore Eleven lakhs Thirty Eight Thousand Four Hundred only) and interest at the rate of 18% on the Principal amount of US $ 163,800 equivalent Indian Rupees 1,11,38,400/https://hcservices.ecourts.gov.in/hcservices/ (One Crore Eleven lakhs Thirty Eight Thousand Four Hundred only). from
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the date of filing of the suit till the date of realization.
(b) directing the defendant to pay the cost of this suit.
This Suit coming on this day before this court for hearing the plaintiff and defendant herein, not appearing in person or by advocate and upon
reading the plaint filed herein and there is no representation for the plaintiff, it is ordered as follows:-
That the suit in C.S. No. 463 of 2016, be and is hereby dismissed for default.
WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 2nd DAY OF JULY, 2021.
Sd./-
ASSISTANT REGISTRAR (COMM. CASE)
//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/Decrees in this format.
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VF-12.07.2021
C.S. No.463 of 2016
ORDER :-
DATED: 02.07.2021
THE HON'BLE MR. JUSTICE
G. JAYACHANDRAN
FOR APPROVAL: 13/07/2021
APPROVED ON: 20/07/2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2021
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
C.S.No.463 of 2016
M/s.St.John Freight Systems Ltd, Rep. by Mr.Benedict Victor, AVP & Company Secretary, Having its Corporate Office at No.480, Anna Salaikhivraj Building Complex II, 7th Floor, Nandanam, Chennai 600 035. .. Plaintiff
vs
Mr.L.A.Fernando 8, Parkland Parade, Bath Road, Hounslow, Middlesex 7W59AX, United Kingdom. ...Defendant
Prayer :Civil Suit filed under Order IV Rule I of the O.S.Rules Read with Order VII Rule I of C.P.C. praying for the following:
a) directing the defendant to pay a sum of US$163,800 is due from the defendant to the plaintiff for the service rendered equivalent to Indian Rupees being Rs.1,11,38,400/- (One crore Eleven Lakhs Thirty Eight Thousand Four Hundred Only) and interest at the rate of 18% on the principal amount of US$163,800 equivalent Indian Rupees 1,11,38,400/(One Crore Eleven Lakhs Thirty Eight Thousand Four Hundred Only) from the date of filing of the suit till the date of realisation.
https://hcservices.ecourts.gov.in/hcservices/ b) directing the defendant to pay the cost of this suit;
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For Plaintiff : No Appearance For Defendant : No Appearance
There is no representation on behalf of the plaintiff consecutively for
the hearings dates 25.01.2021, 24.03.2021, 16.02.2021 and 24.03.2021.
Hence, the matter was listed today under the caption for dismissal. Even today, there is no representation for the plaintiff. Hence, the suit is dismissed for default. No order as to costs.
Sd./- G.J.J. 02.07.2021
// Certified to be true copy// Dated at Madras this day of 2021.
Court Officer(O.S.)
From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the civil suit should be dismissed for non-appearance of the plaintiff.
Disposal of the suit in Cs. No. 463 of 2016 on default of appearance.
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
