K.Suresh v. M/S.Hindustan Petroleum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE K.Suresh ... Plaintiff Vs.

1.M/s.Hindustan Petroleum Corporation Ltd, Rep. by its Chairman and Managing Director No.17, Jamshedji Tata Road Mumbai 400 020 2.The General Manager (Operation), Hindustan Petroleum Corporation Ltd, Thalamuthu Natarajan Building, Door No.8, Gandhi Irwin Road, Egmore, Chennai-600 008.

3.The Senior Regional Manager, Hindustan Petroleum Corporation Ltd, Cochin Retail Regional Office, Tatapuram Road, P.B.No.1601, Ernakulam North P.O.

Cochin-682 018 Kerala State.

4.The Manager (Retail)-Engineering Hindustan Petroleum Corporation Ltd, Cochin Retail Regional Office, Tatapuram Road, P.B.No.1601, Ernakulam North P.O.

Cochin-682 018 Kerala State.

5.M/s.Metal Steel Trading Corporation Ltd, Represented by it Regional Manager, Leelavathi Building, Second Floor, No.69, Armenian Street, Parrys, Chennai-1.

... Defendants Prayer:

The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908, prays for a judgment and decree against the defendants:- a) for permitting the plaintiff to uplift the materials covered in Lot No.I of the e-auction conducted by the 5th defendant now lying at Ernakulam Terminal, HPCL, Ernakulam North P.O., Cochin 682 018, Kerala State, more particularly described in the Schedule hereunder by making necessary arrangements for the uplifting of the materials without payment of ground rent and without insisting on any other pre-conditions (or) in the alternative, directing the defendants to pay a sum of Rs.1,34,03,660/- towards the cost of the materials.

For Plaintiff : M/s.M.Chithira Gomathy (No Appearance) For D 1 to D4 : M/s.Mohameed Fayaz Ali

JUDGMENT

The matter has been referred back to this Court. The diary of the learned Additional Master No.I indicates that between 17.10.2022 and 10.01.2023 the case was listed before him on eight occasions and not on one day, the plaintiff was present.

2.Even today, there is no representation for the plaintiff. 3.This civil suit stands dismissed accordingly for default. No costs. 14.02.2023 Anu Index : yes / no Speaking / non speaking

N.SESHASAYEE anu 14.02.2023