The High Court dismissed a civil suit through default due to the plaintiff's absence from the last eight hearings despite listing, with no appearance recorded on the day of judgment.
The civil suit stands dismissed accordingly for default. No costs.
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.291 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.S.No.291 of 2010
K.Suresh
... Plaintiff
Vs.
C.S.No.291 of 2010
4.The Manager (Retail)-Engineering Hindustan Petroleum Corporation Ltd, Cochin Retail Regional Office, Tatapuram Road, P.B.No.1601, Ernakulam North P.O. Cochin-682 018 Kerala State.
5.M/s.Metal Steel Trading Corporation Ltd, Represented by it Regional Manager, Leelavathi Building, Second Floor, No.69, Armenian Street, Parrys, Chennai-1.
... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908, prays for a judgment and decree against the defendants:-
a) for permitting the plaintiff to uplift the materials covered in Lot No.I of the e-auction conducted by the 5th defendant now lying at Ernakulam Terminal, HPCL, Ernakulam North P.O., Cochin 682 018, Kerala State, more particularly described in the Schedule hereunder by making necessary arrangements for the uplifting of the materials without payment of ground rent and without insisting on any other pre-conditions (or) in the alternative, directing the defendants to pay a sum of Rs.1,34,03,660/- towards the cost of the materials.
For Plaintiff : M/s.M.Chithira Gomathy (No Appearance) For D 1 to D4 : M/s.Mohameed Fayaz Ali
C.S.No.291 of 2010
JUDGMENT
The matter has been referred back to this Court. The diary of the learned Additional Master No.I indicates that between 17.10.2022 and 10.01.2023 the case was listed before him on eight occasions and not on one day, the plaintiff was present.
2.Even today, there is no representation for the plaintiff.
3.This civil suit stands dismissed accordingly for default. No costs.
14.02.2023
Anu
Index : yes / no Speaking / non speaking
C.S.No.291 of 2010
N.SESHASAYEE
anu
C.S.No.291 of 2010
14.02.2023
M/s.Hindustan Petroleum Corporation Ltd
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
