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Madras High CourtCS/126/2007dismissed for nonprosecution

G.V.Films Ltd., Rep.By Its v. Gayathri Holdings P.Ltd.,

2021-08-18Honourable Mr Justice R. Subramanian6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 18th DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.S. No.126 of 2007 G.V.Films Limited rep. by its Director P.Raghuraman No.4, Seshadri Road, Chennai 600 018.

...Plaintiff .Vs.

1.Gayathri Holdings P.Limited 2.K.L.Swamy 3.K.L.Srihari 4.K.L.Padmanabhasa 5.K.L.Ramachandra all having office at New No.22/1, Old No.33, Pasumarthy Street, Kodambakkam, Chennai - 600 024.

... Defendants Civil Suit praying that this Hon'ble Court be pleased to a Judgement and Decree :- (a) directing the defendants to jointly and severally pay to the plaintiff damages and compensation, as might be assessed by this Hon'ble Court subject to a minimum of Rs.25,00,00,000/-;

(b) directing the defendants to pay to the plaintiff interest at the rate of 12% per annum on Rs.25,00,00,000/- or such other sum as might be assessed by this Hon'ble Court as damages from the date of plaint till

realization;

(c) directing the defendants to pay to the plaintiff the costs of the suit. This Civil Suit coming on this day before this court for hearing in the presence of Mr.K.Harishankar, Advocate for the defendants 1 & 2 herein and for the plaintiff herein not appearing in person or by advocate and upon reading the plaint filed herein and Mr.Srinivasan, learned counsel representing M/s.Rugan and Arya for the plaintiff having submitted that they have given change of vakalat as early as on 07.05.2016, since no new counsel has entered appearance till date, it is clear that the plaintiff is not interest in prosecuting the suit it is ordered as follows:- That the suit in C.S.No.126 of 2007 be and is hereby dismissed for non-prosecution.

2. That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 18TH DAY OF AUGUST 2021.

Sd./- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY 02.09.2021 C.S. No.126 of 2007 ORDER :- DATED: 18.08.2021 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN FOR APPROVAL: 13.09.2021 APPROVED ON: 13.09.2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.126 of 2007 G.V.Films Limited rep. by its Director P.Raghuraman No.4, Seshadri Road, Chennai 600 018.

...Plaintiff .Vs.

1.Gayathri Holdings P.Limited 2.K.L.Swamy 3.K.L.Srihari 4.K.L.Padmanabhasa 5.K.L.Ramachandra all having office at New No.22/1, Old No.33, Pasumarthy Street, Kodambakkam, Chennai - 600 024.

... Defendants Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure praying for a judgment and decree:

(a) directing the defendants to jointly and severally pay to the plaintiff damages and compensation, as might be assessed by this Hon'ble Court subject to a minimum of Rs.25,00,00,000/-;

(b) directing the defendants to pay to the plaintiff interest at the rate of 12% per annum on Rs.25,00,00,000/- or such other sum as might be assessed by this Hon'ble Court as damages from the date of plaint till realization and (c) directing the defendants to pay to the plaintiff the costs of the suit. For Plaintiff : No appearance For Defendants : Mr.K.Harishankar for D1 and D2 ********

J U D G M E N T

Mr.Srinivasan, learned counsel representing M/s.Rugan and Arya for the plaintiff would submit that they have given change of vakalat as early as on 07.05.2016.

2. Since no new counsel has entered appearance till date, it is clear that the plaintiff is not interest in prosecuting the suit.

3. Hence, the suit is dismissed for non-prosecution. No costs. Sd./-R.S.M.J 18.08.2021 List of the witnesses examined on the side of the plaintiff : Nil List of Exhibits marked on the side of the plaintiff : Nil

List of the witnesses examined on the side of the defendants : Nil List of Exhibits marked on the side of the defendants : Nil Sd./-R.S.M.J 18.08.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.