The court dismissed a civil suit filed by the plaintiff seeking damages and expenses against defendants, noting the plaintiff's non-appearance as an indicator of lack of interest in prosecution.
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)
MONDAY, THE 20th DAY OF DECEMBER 2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S.No.676 of 2018
J.PURUSHOTHAMAN, S/o Jambukesan, Aged : 84 years, F 98/5, Shyam Apartments, 4th Street, Anna Nagar East, Chennai - 600 102.
...Plaintiff
-versus-
https://hcservices.ecourts.gov.in/hcservices/ *4. Mr. Madhu Desikan, Interim Resolution Professional 1/4 Vijayalakshmi Apartments,
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Balasubramaniam Street, Mylapore, Chennai - 600 004.
*** 4**th defendant impleaded as per order in Appl. No. 5938/2019 dt 24.10.2019 by this Hon'ble Court. ...Defendants
Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree
a. Directing the defendants jointly and severally pay the plaintiff the expenses so far incurred and compensation for damages caused to the tune of Rs.1,00,10,000/- (One Crore Ten Thousand only) with interest.
b. Future Interest @18% there on from the date of the Decree till realization.
c. Costs of the suit.
This Civil Suit coming on this day before this Court for hearing and in the plaintiff herein not appearing in person or by advocate and Mr.Vishnu Mohan, Advocate for the 2nd defendant and Mr.S.Harish Kumar, Advocate for the 1st and 4th defendants herein and for the 3rd defendant herein, not appearing in person or by an advocate and upon reading the plaint filed herein in C.S.676 of 2018 and this Court having observed that even on the last hearing date i.e. on 10.12.2021, there was no representation on the side of the plaintiff, it can now be inferred that the https://hcservices.ecourts.gov.in/hcservices/ plaintiff is not interested in prosecuting this suit, it is ordered as follows:-
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That the suit in C.S.No.676 of 2018, be and is hereby dismissed for
non-prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20th DAY OF DECEMBER 2021.
Sd/-
ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy//
Dated at Madras this the day of 2022.
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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ARS 30.12.2021
C.S.No.676 of 2018
ORDER
DATED : 20.12.2021
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
FOR APPROVAL: 05.01.2022
APPROVED ON : 06.01.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.12.2021
Coram:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
C.S.No.676 of 2018
J.Purushothaman ... Plaintiff
Vs
... Defendants
Civil Suit filed Order VII Rule 1 CPC r/w Order IV Rule 1 of https://hcservices.ecourts.gov.in/hcservices/
Original Side Rules seeking for directing the Defendants jointly and
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severally pay the plaintiff the expenses so far incurred and compensation for
damages to the tune of Rs.1,00,10,000/- with interested and future interst @
18% there on from the date of the Decree till realization.
For plaintiff : No appearance
J UDGMENT
The matter has been listed under the caption “for dismissal” today. There is no representation on the side of the plaintiff. Even on the last hearing date i.e. on 10.12.2021, there was no representation on the side of the plaintiff. It can now be inferred that the plaintiff is not interested in prosecuting this suit. Accordingly, this Civil Suit is dismissed for nonprosecution. No costs.
Sd./-A.Q.J.
20.12.2021
//Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/
J. Purushothaman
M/s Jain Granites and Projects Ltd.
Anil Rackbchand Bafna
AXN. Prabhu
Madhu Desikan
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
