Central Bank Of India v. R. Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025 CORAM :

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.S.No. 1674 of 1995 Central Bank of India China Bazaar Branch 41, Godown Street Madras 600 001.

... Plaintiff Vs.

1.

R.Selvam 2.

K.Murugaswamy 3.

K.Panneerselvam ...Defendants Prayer : Petition filed under Order XXXIV Rule 1 and Rules 150 of CPC and Section 16 of CPC read with Order IV Rule 1 read with Order XXXVII Rule 1 of OS Rules, to pass a Judgment and Decree by a) directing the defendants 1 to 3 to pay the plaintiff the sum of Rs.3,52,124.90 with future interest at 12.5% per annum with quarterly rests from the date of plaint till the date of realisation; b) directing that in default of such payment, on the date to be fixed by this Hon'ble Court the property described in Schedule 'A' hereunder i.e., For Truck bearing Registration No. TME5760 hypothecated to the bank, to be sold and the proceeds after deducting the expenses of sale, applied towards

payment of the decree amount together with interest and costs; c). directing the sale of the immovable property items 1 and 2 morefully and particularly described in schedule 'B' hereunder and the sale proceeds after deducting the expenses of sale applied towards payment of the decree amount together with interest and costs of all such proceedings and if it will be insufficient for the payment in full and final settlement of the decree amount for the balance of the decree amount directing the defendants 1 to 3 to pay the said sum with further interest thereon at 12.5% per annum with quarterly rests, till the date of payment; and d). directing the defendants to pay the costs of this suit. *** For plaintiff : No appearance For DD 1 to 3 : No appearance

O R D E R

The suit is of the year 1995. There has been no effective progress in the case. It had been initially transferred to the City Civil Court and renumbered as O.S.No. 1082 of 1996 and posted before the VI Additional City Civil Court. Thereafter, it had been retransferred to this Court, on a memo dated 26.03.1998.

2. There has been no effective steps taken by the plaintiff towards the disposal of the suit. Written statement had been filed by the defendant Nos. 1 to 3.

3. There was been no representation by both sides when the suit was listed on 17.06.2025. It has been listed under the caption 'for dismissal' today. When the matter was called in the first instance, there was no representation. The matter has been again called at 02.15 p.m. Again there is no representation.

4. The suit is dismissed for non prosecution. No order as to costs. Vsg 30.06.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Order C.V.KARTHIKEYAN, J.

Vsg C.S.No. 1674 of 1995 30.06.2025