G.Gengava Rajan v. Chennai Metropolitan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN C.S. No.1184 of 2009 G. Gengava Rajan ...Plaintiff vs

1. Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai - 600 008 Rep by its Member Secretary

2. The Chief Admn. Officer, Market Management Committee CMDA Koyambedu Wholesale Market Complex, Chenna - 92 ..Defendants Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code praying for a judgment and decree for the following reliefs:- a) Directing the defendant to pay Rs.2,10,87,113/- (Rupees Two Crores Ten Lakhs Eighty Seven Thousand One Hundred and Thirteen only) 1/4

which inclusive of the Principal sum of Rs.1,55,72,993/- and Rs.55,14,120/- (Rupees Fifty Five Lakhs Fourteen Thousand One Hundred and Twenty only ) towards interest at the rate of 18% per annum upto 20.11.2009, together with further interest on the principal sum of Rs.1,55,72,993/- at the rate of 18% per annum from this date till the date of realization. b) Declaring that the notice dated 02.11.2009 Ref.Ltter No.MMC/KWMC/DB/832/2006 issued by the defendants as illegal, invalid.

c) to pay the costs of the suit.

For Plaintiff : No appearance For Defendants : Set exparte on 02.01.2017

J U D G M E N T

On 14.08.2023, the learned counsel for the plaintiff has reported no instructions from the plaintiff. Hence, the Registry was directed to print the name of the plaintiff in the cause-list on 22.08.2023. 2/4

2. Eventhough the name of the plaintiff was printed in the cause-list, the plaintiff did not appear and the matter was ordered to be posted under the caption, 'for dismissal' on 23.08.2023.

3. Even today (23.08.2023), when the matter is taken up for consideration, the plaintiff has not appeared in person. Hence, the Civil Suit is dismissed for non-prosecution. No costs.

23.08.2023 gv 3/4

A.A.NAKKIRAN,J.

gv C.S. No.1184 of 2009 23.08.2023 4/4