R.Telma W/O.Robert v. M/S Integrated Diance Compnay

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2020

CORAM:

THE HONOURABLE MS.JUSTICE S.M.SUBRAMANIAM A.S.No.1017 of 2004

1. R.Telma

2. Robert ... Appellants/Defendants Vs.

M/s.Integrated Finance Company Ltd., rep by its Power of Attorney Mrs.Hema Jothi.

.. Respondent/Plaintiff PRAYER:

Appeals under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree made in O.S.No.202 of 2002, on the file of the Additional District Judge, Fast Track Court-V, dated 10.02.2004.

For Appellant : No appearance For Respondent :

JUDGMENT

The Appeal Suit is directed against the judgment and decree passed in O.S.No.202 of 2002 dated 10.02.2004. The suit was filed for a sum of Rs.6,13,532.79/- with interest at 36% per annum on Rs.4,21,529.43/- from the date of plaint till the date of realisation and for costs.

2. The defendant is the appellant in the Appeal Suit. The plaintiff is the respondent. The Appeal Suit was filed in the year 2004. Already 16 years lapsed, till today notice has not been served to the sole respondent who contested the suit before the Trial Court. The decree was passed after adjudication through trial. Even after 16 years from the date of filing of the appeal suit, the appellant has not initiated any steps to serve notice to the respondents. Under these circumstances, an inference to be drawn that the appellant is not vigilant enough in pursuing the appeal suit and till now, notice has not been served to the respondents.

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3. Under these circumstances, no purpose would be served in keeping the appeal suit pending for an unspecified period. This being the factum, the appeal suit stands dismissed for nonprosecution. No Costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar Pkn.

To The Additional District Judge, Fast Track Court-V, Chennai A.S.No.1017 of 2004 VBA(CO) SP(21/02/2020) https://hcservices.ecourts.gov.in/hcservices/