Overseas Sanmal Financial v. T.Kumar And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN C.S.No.107 of 2000 M/s.Overseas Sanmar Financial Ltd., Rep. by its Authorised Signatory, and Senior Executive Legal Mr.K.G.Bhusanam ..

Plaintiff Vs.

1.Mr.T.Kumar 2.Mr.A.Aathinathan ...

Defendants Prayer: Civil Suit filed under Order IV Rule 1 of Original Side Rules r/w. Order 7 Rule 1 of C.P.C. praying for a judgment and decree directing the defendants jointly and severally to pay the sum of Rs.10,21,218/- along with future interest on Rs.10,21,218/- @ 36% from the date of plaint till the date of realisation.

J U D G M E N T

The matter was listed under the caption "Undefended Board" on 01.10.2015 and this Court, vide order dated 03.11.2015 has recorded the fact that the first defendant alone was served, but he did not file any written statement and at his request, adjourned the matter and also directed the Registry to verify as to the completion of service on the second defendant. When the matter was called on 19.11.2015, this Court directed the Registry to print the name of Mr.Rabu Manohar as

counsel for the first defendant and listing of the matter on 20.11.2015 and on 20.11.2015 when the matter was called, neither of the counsel appeared and therefore, the matter was directed to be listed under the caption "For Dismissal" today.

2. Today, when the matter was called in the morning, there was no representation on behalf of both parties and it was passed over and called in the afternoon and once again there is no representation on behalf of the plaintiff as well as the first defendant.

3. Hence, this Civil Suit is dismissed for default. No costs. 26.11.2015 Index : Yes / No Internet : Yes / No jvm

M.SATHYANARAYANAN. J jvm C.S.No.107 of 2000 26.11.2015