M/S Euro Fashion v. the Oriental Insurance Co.
Case brief
What is this about?
The High Court dismissed a civil suit for non-prosecution as the plaintiff failed to appear when summoned, leading to the withdrawal of the file.
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.
C.S.No.627 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.04.2021
CORAM:
THE HON'BLE MR.JUSTICE T.RAVINDRAN
C.S.No.627 of 2007
M/s.Euro Fashion,
Division of N Venisimal Securities Ltd,
Suite 23, Munoth Centre,
243, Triplicane High Road,
Chennai.5
... Plaintiff
Vs.
1. The Oriental Insurance Company Ltd,
City Branch Office III,
13/4, Second Avenue,
Anna Nagar, (East),
Chennai 600 102.
2. Mehta & Padamsey Surveyors P.Ltd,
Suite 21, 4 th floor,
'Anands' No.303,
Old No.194/30,
Poonamallee High Road,
Kilpauk,
Chennai – 600 010.
1/4
C.S.No.627 of 2007
3.P.N.Ravishankar, Chartered Engineer, Plot No.83, Second Cross Street, “AGS” colony, West Velacherry, Chennai 600 042.
Prayer: Civil Suit filed under Order 4 Rule I of OS R/w. Order 7 Rule 1 of CPC., to a) pass a judgment and decree against the first defendant to direct them to pay Rs.1,00,00,000/- towards damages for the breach committed by them in the violation of the Policy dated 19.08.2002 and to pay interest altogether with the said amount at 24% p.a from the date of the plaint till the date of realisation b) for a Mandatory injunction to direct the 2nd and third defendants to furnish the survey report conducted by them jointly in the plaintiff's premises as per policy taken on 19.08.2002, c) pay the costs of the abovesuit.
For plaintiff : No appearance For Respondent : No appearance
2/4
C.S.No.627 of 2007
J U D G M E N T
In this matter, the counsel for the plaintiff had already reported that
the plaintiff had taken back the bundle and consequent to the same, this Court had ordered the Registry to issue notice to the plaintiff and the notice sent to the plaintiff had been returned as “no such office in the name of the plaintiff at the said address”. Resultantly, the Registry was directed to list
the matter today, ie., on 23.04.2021, by printing the name of the plaintiff in
the cause list under the caption for dismissal.
plaintiff. plaintiff called, absent.
non-prosecution. No costs. Consequently, connected application, if any, is closed.
mfa Index:yes Internet:yes
3/4
C.S.No.627 of 2007
T.RAVINDRAN , J.
mfa
C.S.No.627 of 2007
23.04.2021
4/4
M/s. Euro Fashion
The Oriental Insurance Company Ltd
Mehta & Padamsey Surveyors P.Ltd
Bank of Ceylon
T. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court