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Jagadish Kumar Vs Canara Bank — Contract and Commercial Disputes | Madras HC (2021)

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Madras HC
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Jagadish Kumar Vs Canara BankJagadish Kumar v. Canara Bank

Dismissed

Jagadish Kumar v. Canara Bank

Madras HC16 Aug 2021CS/931/2010

Case brief

AI extract

What is this about?

The High Court dismissed two plaintiff suits for default due to the absence of the plaintiff's counsel, resulting in no judgment or decree.

What the court decided

AI extract

A

C.S.Nos.931 and 932 of 2010

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

C.S.Nos.931 and 932 of 2010

C.S.No.931 of 2010:

Jagadish Kumar

...Plaintiff

.Vs.

1.Canara Bank Sowcarpet Branch 119/120 Nyniappa Naicken Street Chennai – 600 003.

2.Andrew Shoemarker Director Bear Logistics L.L.C No.804 East Windward Way Unit 115 Lantana, Florida 33462 United States of America.

Parties & counsel

AI extract

petitioner
Jagadish Kumar
petitioner
M/s.Vinayaka Alloys Private Limited
respondent
Canara Bank Sowcarpet Branch
respondent
India Overseas Bank Mount Road Branch
respondent
Andrew Shoemarker
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 16 Aug 2021 · August
Registered: 25 Nov 2010
Case no.: CS/931/2010

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Cite this judgement

Jagadish Kumar v. Canara Bank, CS/931/2010 (MAD), decided on 16 August 2021.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R.Subramanian

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Civil Suits Nos. 931 and 932 of 2010 were dismissed for default. The plaintiffs failed to appear, and their counsel was absent. Consequently, no order was passed on the merits, and costs were not awarded.

A compact analysis

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.

3.Citi Bank North America Citicorp North America, Inc 3800 Citi Bank Centre Building Tampa, Florida 33610 United States of America

Page No.1/6

https://www.mhc.tn.gov.in/judis

C.S.Nos.931 and 932 of 2010

4.Citi Bank North America

2 Club House Road

Anna Salai, Chennai 600 002.

5.Bank of America West Palm Beach Florida United States of America.

6.Bank of America 748 Anna Salai Chennai – 600 002.

7.Sreesha Subbarao 2100 Valencia Drive Apt # 106B Northbrook, IL 60062 United States of America

... Defendants

Plaint filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree:

(a) directing the defendants 1 to 7 jointly and severally pay to the plaintiff Rs.24,71,118/- (Rupees Twenty four lakhs seventy one thousand one hundred and eighteen only) with interest at 18% per annum compounded quarterly from the date of the suit till date of payment in full;

(b) directing the defendants 1 to 7 jointly and severally pay to the plaintiff damages of Rs.1,00,00,000/- (Rupees One crore only) to the plaintiff for the mental agony caused to the plaintiff and

(c) directing the defendants to pay costs of the suit.

Page No.2/6

https://www.mhc.tn.gov.in/judis

C.S.Nos.931 and 932 of 2010

For Plaintiff : No appearance

For Defendants : Mr.S.Kesavan for D1

Mrs.C.Shanthi Meenakshi for D3 & D4

C.S.No.932 of 2010:

M/s.Vinayaka Alloys Private Limited represented by its Director Ashok Kumar Jain having registered office at 2-A Prince Apartments 18/59 Ormes Road, Chennai 600 010 and Factory at B-48E, SIPCOT Industrial Complex Gummidipoondi 601201.

...Plaintiff

.Vs.

1.India Overseas Bank Mount Road Branch 807 Anna Salai Chennai 600002.

2.Andrew Shoemarker Director Bear Logistics L.L.C 804 East Windward Way Unit 115 Lantana, Florida 33462 United States of America.

3.Citi Bank North America Citicorp North America, Inc 3800 Citi Bank Centre Building

Page No.3/6

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C.S.Nos.931 and 932 of 2010

Tampa, Florida 33610 United States of America

4.Citi Bank North America

2 Club House Road Anna Salai, Chennai 600 002.

5.Bank of America West Palm Beach

Florida, United States of America.

6.Bank of America 748 Anna Salai Chennai – 600 002.

7.Sreesha Subbarao 2100 Valencia Drive Apt # 106B Northbrook, IL 60062 United States of America ... Defendants

Plaint filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules praying for a judgment and decree:

(a) directing the defendants 1 to 7 jointly and severally pay to the plaintiff Rs.36,78,825/- (Rupees Thirty six lakhs seventy eight thousand eight hundred and twenty five only) with interest at 18% per annum compounded quarterly from the date of the suit till date of payment in full;

(b) directing the defendants 1 to 7 jointly and severally pay to the plaintiff damages of Rs.1,00,00,000/- (Rupees One crore only) to the

Page No.4/6

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C.S.Nos.931 and 932 of 2010

plaintiff for the mental agony caused to the plaintiff and

(c) directing the defendants to pay costs of the suit.

For Plaintiff : No appearance For Defendants : Mrs.C.Shanthi Meenakshi for D4

Mr.R.Bharath Kumar for D6

J U D G M E N T

The counsel for the plaintiff in both the suits absent. Hence, both

these suits are dismissed for default. No costs.

16.08.2021

dsa Index : No Internet : Yes Non-Speaking order

List of the witnesses examined on the side of the plaintiff : Nil

List of Exhibits marked on the side of the plaintiff : Nil List of the witnesses examined on the side of the defendants: Nil

List of Exhibits marked on the side of the defendants: Nil

16.08.2021

dsa

Page No.5/6

https://www.mhc.tn.gov.in/judis

C.S.Nos.931 and 932 of 2010

R.SUBRAMANIAN, J.

dsa

C.S.Nos.931 and 932 of 2010

16.08.2021

Page No.6/6 https://www.mhc.tn.gov.in/judis

Citi Bank North America

Coram

AI extract

R.Subramanian

CNR

HCMA010999982010

Topic

Contract and Commercial Disputes

Bench

Disposal

DISMISSED FOR DEFAULT

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