The High Court of Madras dismissed an appeal filed by a mill proprietor against an insurance company for non-prosecution, as the appellant failed to appear despite notice.
The appeal stands dismissed for non-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.
A.S.No.953 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
A.S.No.953 of 2015
Ganesh Manjal Mandi Represented by its Proprietor A.S.Ganesh, S/o.Senniappa Chettiar, Asari Thottam, Avvaiyarpalayam, Kalingiam Post, Gobichettipalayam Taluk Presently residing at Bio Complex Road, Yelur (Cusba and Post) Kullappa Naickenpalayam, Gobichettipalayam Taluk
...Plaintiff/Appellant
-Vs-
1.The Divisional Manager, The New India Assurance Co. Ltd., Divisional Office, 1360, E.V.N. Road, Erode 638 011.
2.The Branch Manager, The New India Assurance Co. Ltd., Branch Office, 12, New Hospital Road, Gobichettipalayam.
...Defendants/Respondents
Prayer:- Appeal Suit filed under Section 96 r/w Order 41 Rule 1 and 2 of C.P.C., against the judgment and decree dated 10.02.2014 made in O.S.No.198 of 2006 passed by the learned II Additional District Judge, Erode.
For Appellant : No appearance For R1 and R2 : Mr.S.R.Sundar
A.S.No.953 of 2015
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J .,]
Earlier when the matter came up for hearing, the learned counsel appearing for the appellant filed a Memo dated 08.04.2022 to withdraw his vakalat, and this Court issued notice to the appellant by order dated 22.09.2022.
2.Despite notice being served on the appellant on 20.10.2022, no one appeared on behalf of the appellant. Since notice has already been served on the appellant and there is no representation for the appellant, the appeal is liable to be dismissed for non prosecution.
3.Accordingly, the appeal stands dismissed for non prosecution. No
costs.
[SSSRJ] [AANJ] 25.01.2023
cda
2/4
A.S.No.953 of 2015
To
1.A.S.Ganesh,
Proprietor, Ganesh Manjal Mandi Asari Thottam, Avvaiyarpalayam, Kalingiam Post, Gobichettipalayam Taluk Presently residing at Bio Complex Road, Yelur (Cusba and Post) Kullappa Naickenpalayam, Gobichettipalayam Taluk
2.The Divisional Manager, The New India Assurance Co. Ltd., Divisional Office, 1360, E.V.N. Road, Erode 638 011.
3.The Branch Manager, The New India Assurance Co. Ltd., Branch Office, 12, New Hospital Road, Gobichettipalayam.
A.S.No.953 of 2015
S.S.SUNDAR, J.,
AND
A.A.NAKKIRAN, J.,
cda
A.S.No.953 of 2015
25.01.2023
Ganesh Manjal Mandi
The New India Assurance Co. Ltd.
S.S.SUNDAR
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
