Blue Star Limited v. Golden Fries Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021 CORAM : JUSTICE N.SESHASAYEE Blue Star Limited, Garuda Buildings, 46, Cathedral Road, Chennai 600 086.

...

Plaintiff Vs.

Golden Fries Limited, Vidhya Nivas, No.40, Alagesan Road, Ramalinga Nagar, Saibaba Colony, Coimbatore 641 011.

... Defendant PRAYER : Civil Suit filed under Order VII Rule 1 of CPC : (a) Directing the Defendant to pay to the Plaintiff, a sum of Rs.32,69,059 along with interest @ 20% per annum on 17,51,281/- from date of Plaint till date of realization; (b) Directing the Defendant to pay costs to the Plaintiff; (c) Pass such further or other orders as may be deemed fit and necessary in the circumstances of the case.

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For Plaintiff : Mr.K.Harishanker

JUDGMENT

The learned counsel for the plaintiff submitted that he is not able to contact his client despite his best efforts to contact him. 2.This Court perused the order of this Court dated 09.08.2021 when this Court was informed that the defendant had filed O.S.No.896 of 2010 before the III Additional Sub Court, Coimbatore for recovery of certain amounts.

3.The Registry had later informed the Court that the III Additional Sub Court has decreed O.S.No.896 of 2010 exparte on 08.12.2014. 4.In the backdrop of what has happened to O.S.No.896 of 2010 and given the scenario the plaintiff is not seeking his counsel for prosecuting the suit, it is seen that the plaintiff is not keen to prosecute the suit. 2/5

5.In the result, the suit is dismissed for default. No costs. 13.08.2021 Tsg Index : Yes / No Speaking Order / Non-speaking order 3/5

N.SESHASAYEE.J., Tsg 4/5

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