M/S Euro Fashion v. The Oriental Insurance Co

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.04.2021

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN M/s.Euro Fashion, Division of N Venisimal Securities Ltd, Suite 23, Munoth Centre, 243, Triplicane High Road, Chennai.5 ... Plaintiff Vs.

1. The Oriental Insurance Company Ltd, City Branch Office III, 13/4, Second Avenue, Anna Nagar, (East), Chennai 600 102.

2. Mehta & Padamsey Surveyors P.Ltd, Suite 21, 4th floor, 'Anands' No.303, Old No.194/30, Poonamallee High Road, Kilpauk, Chennai - 600 010.

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3.P.N.Ravishankar, Chartered Engineer, Plot No.83, Second Cross Street, "AGS" colony, West Velacherry, Chennai 600 042.

4. Bank of Ceylon, 1090, Poonamallee High Road, Chennai 600 084.

... Defendants Prayer:

Civil Suit filed under Order 4 Rule I of OS R/w. Order 7 Rule 1 of CPC., to a) pass a judgment and decree against the first defendant to direct them to pay Rs.1,00,00,000/- towards damages for the breach committed by them in the violation of the Policy dated 19.08.2002 and to pay interest altogether with the said amount at 24% p.a from the date of the plaint till the date of realisation b) for a Mandatory injunction to direct the 2nd and third defendants to furnish the survey report conducted by them jointly in the plaintiff's premises as per policy taken on 19.08.2002, c) pay the costs of the abovesuit.

For plaintiff : No appearance For Respondent : No appearance 2/4

J U D G M E N T

In this matter, the counsel for the plaintiff had already reported that the plaintiff had taken back the bundle and consequent to the same, this Court had ordered the Registry to issue notice to the plaintiff and the notice sent to the plaintiff had been returned as "no such office in the name of the plaintiff at the said address". Resultantly, the Registry was directed to list the matter today, ie., on 23.04.2021, by printing the name of the plaintiff in the cause list under the caption for dismissal.

2. Today, when the matter is called, there is no representation for the plaintiff. plaintiff called, absent.

3. In the light of the above position, the Civil Suit is dismissed for non-prosecution. No costs. Consequently, connected application, if any, is closed.

23.04.2021 mfa Index:yes Internet:yes 3/4

T.RAVINDRAN , J.

mfa 23.04.2021 4/4