← Library
Madras High CourtCS/63/2006dismissed for nonprosecution

M/S Vijay Pipe Industries v. The Indian Bank And 3 Others

2019-07-23Honourable Mr Justice Krishnan Ramasamy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.07.2019 Coram The Honourable Mr.Justice KRISHNAN RAMASAMY C.S.No.63 of 2006 and A.No.3106 of 2011 M/s.Vijay Pipe Industries rep. by its Proprietor/Licensee T.L.Parthasarathy Chennai - 19.

...Plaintiff

Versus

1.The Indian Bank rep. by its Chairman and Managing Director, Chennai - 600 001.

2.The General Manager of Indian Bank, Zonal Office, Chennai - 600 105.

3.The Branch Manager of Indian Bank, Thiruvottiyur, Chennai - 600 019.

4.The Tamil Nadu Industrial Investment Corporation Ltd., (T.I.I.C) rep. by its Chairman Managing Director, Nandanam, Chennai - 35.

...Defendants This Civil Suit is filed under Order II Rule 1 of Hight Court O.S.Rules r/w. Order VII Rule 1 of C.P.C r/w. Order VIII Rule 4 of High Court O.S.Rules r/w. Order XXX III, Rule 1 of C.P.C for the following reliefs:

(a) permitting the plaintiff to file the above suit as an indigent person.

(b) directing the defendants 1 to 3 to pay a sum of Rs.1,62,00,000/- together with interest at 18% per annum from the date of plaint as compensation and damages for having caused plaintiff industry to become a sick Industry from July 93 by not releasing Rs.5.44 Lakhs cash and by not accommodating bills discounting for Rs.10 Lakhs, for not having advanced any amount from 1997 onwards in the rehabilitation of Sick-Industries Scheme and thus having made plaintiff incur huge losses with accumulation huge interest on amounts advanced by defendants 4 and 1 to 3 and for loss of profit in business and for losses suffered by proprietor of plaintiff personally and by his family.

(c) directing respondents 1 to 3 to pay costs of the suit. (d) and awarding necessary relief.

For Plaintiff :

No Appearance For Defendants - 1 to 3:

M/s.L.Jayakumar & Associates Defendant - 4 :

Mr.Jayesh B.Dolia for M/s.Aiyar & Dolia

J U D G M E N T

When the matter was called on 18.07.2019, there was no representation on both sides. Hence, the matter was directed to be listed under the caption, "For Dismissal" on 23.07.2019 i.e., today.

2. Accordingly, the matter is listed today. Even today, when the matter is called, there is no representation for plaintiff. The defendants have entered appearance through their respective counsels. Therefore, this Civil Suit is dismissed for non-prosecution. No costs. Consequently, connected Application is closed. 23.07.2019 mrr Index : Yes/No

KRISHNAN RAMASAMY, J., mrr C.S.No.63 of 2006 23.07.2019