Madras High CourtAS/247/2010dismissed for nonprosecution

Maersk Line Rep By Their Agent v. Priya Dye & Chemicals

2023-12-12Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Maersk Line, represented by their agents, Maersk India Pvt. Ltd, having its Registered Office at "C.G.House" 11th Floor, Dr.Annie Besant Road, Worli Colony, Worli, Mumbai-400 030 previously at 824/6/3, Poonamalee High Road, Chennai-10.

2. Maersk India Pvt Ltd, having its Branch Office at "C.G.House" 11th Floor, Dr.Annie Besant Road, Worli Colony, Worli, Mumbai-400 030 having its Branch Office at "Prince Towers" 1st Floor, 25/26 College Road, Chennai-600 006.

represented by its Power of Attorney Agent Jude Fernandes previously at 824/6/3,

Poonamalee High Road, Chennai-10.

...Appellants -Vs1. Priya Dye & Chemicals, having its Principal Office at No.C-23/TTC Industrial Estate, Opp.Mico Pawne Village, Thane, Belapur Road, Turbhe New Bombay, and having its Branch Office at 5J Century Plaza, 560-562 Mount Road, Teynampet, Chennai-600 018.

2. M/s The New India Assurance Co.Ltd.

D.O.112000 at Asian Building, 3rd Floor, R.Kamani Road, Ballard Estate, Mumbai-400 001 (transposed the Fourth Defendant as second plaintiff as per order made in I.A.No.560/98 on 25.07.2002 by his honour IV Addl. City Civil Judge) (Amendment carried out as per order dated 05.12.2002 made in I.A.No.17937/02)

3. M/s Teac Corporation having its Office at 3-7-3 Nackacho Mushashino Tokyo, 180, Japan.

4. Madras Port Trust, having its office at Rajaji Salai, Chennai-600 001, represented by its Chairman

5. Container Corporation of India Container Freight Station at Ennore High Road, Sathakadu Village, Thiruvottiyur, Chennai-600 019.

... Respondents (Cause title accepted vide order of Court dated 29.04.2010 made in M.P.No.2 of 2010 in A.S.SR.No.33955 of 2010) Prayer: First Appeal filed under Section 96 read with Order 41 Rule 1 of CPC, to set aside the Judgment and decree dated 11th day of January, 2005, passed by the Additional District and Sessions Judge, Fast Track Court IV, Chennai in O.S.No.836 of 1998 and allow the appeal. For Appellants : No appearance For R1 : Not ready in notice For R2 : Mr.S.Dhakshanamoorthy For R3 : Disd (vide order dated 10.02.2023) For R4 : Notice served For R5 : Mr.V.G.Suresh Kumar

JUDGMENT

This Appeal Suit has been filed as against the Judgment and decree dated 11th day of January, 2005, passed by the Additional District and Sessions Judge, Fast Track Court IV, Chennai in O.S.No.836 of 1998.

2. When the matter was called on 11.12.2023, there was no representation on behalf of the appellants. Hence, the matter was ordered to be listed to-day i.e., on 12.12.2023, under the caption 'for dismissal'.

3. Today also, when the matter was called, there is no representation on behalf of the appellants. Hence, this Appeal Suit is dismissed for 'non prosecution'. There shall be no order as to costs. 12.12.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Additional District and Sessions Judge, Fast Track Court IV, Chennai.

12.12.2023