National Buildings v. Econ Engineering Pvt., Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 27TH DAY OF OCTOBER 2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN C.S.No. 731 of 2004 National Buildings Construction Corporation Limited, Government of India Enterprise, Plot No.43, Anjugam Nagar, 2nd Street, Ashok Nagar, Chennai - 600 083.
Rep by its Power of Attorney Mr.Y.N.Hiriyannaiah ... Plaintiff -Vs1. Econ Engineering Private Limited, 18/3 & 18/4, Second Canal Cross Street, Gandhi Nagar, Adyar, Chennai - 600 020.
2. Econ Corporation Limited, 2 Ang Mo Kio Street 64, Econ Building, Ang Mo Kio Industrial Park 3, Singapore - 569084.
... Defendants Civil suit praying that this Hon'ble Court be pleased to pass a Decree and Judgment in favour of the Plaintiff as against the Defendants by : a) directing the Defendants to pay the Plaintiff a sum of Rs.3,08,00,000/- (Rupees Three Crores and Eight Lakhs only) together with interest at 24% per annum from the date of filing of the suit till the date of realization of the same.
b) directing the Defendants to pay the costs of the suit. This Civil Suit coming on this day before this court for hearing in the presence of M/s.P.Ambili Menon, Advocate for the Plaintiff herein and Mr.Dr.P.Vasudevan, Advocate for the Defendants herein and upon reading the Plaint filed herein and this Court having observed that the Plaintiff has exhibited total negligence in conduct of the proceedings leaving to the counsel, the plaintiff helpless before the Court, it is ordered as follows:- That the suit in C.S.No. 731 of 2004, be and is hereby dismissed for non-prosecution.
2) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 27TH DAY OF OCTOBER 2021.
Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
ED 28.12.2021 C.S.No. 731 of 2004 ORDER:
DATED : 27/10/2021 THE HON'BLE MR. JUSTICE R. SUBRAMANIAN FOR APPROVAL: 28/12/2021 APPROVED ON : 10/01/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.731 of 2004 National Buildings Construction Corporation Limited, Government of India Enterprise, Plot No.43, Anjugam Nagar, 2nd Street, Ashok Nagar, Chennai - 600 083.
Rep. By its Power of Attorney, Mr.Y.N.Hiriyannaiah ...Plaintiff Vs.
1.Econ Engineering Private Limited, 18/3 & 18/4, Second Canal Cross Street, Gandhi Nagar, Adyar, Chennai - 600 020.
2.Econ Corporation Limited, 2 Ang Mo Kio Street 64, Econ Building, Ang Mo Kio Industrial Park 3, Singapore - 569084.
...Defendants Prayer: Plaint filed under Order IV Rule 1 of the High Court original side and Order VII Rule 1 of C.P.C., seeking to direct the Defendant to pay the plaintiff a sum of Rs.3,08,00,000/- (Rupees Three Crores and Eight Lakhs only) together with interest at 24% per annum from the date of filing of the suit till the date of realization of the same and for costs of the suit. For Plaintiff : Mrs.P.Ambili Menon - No instructions For Defendants : Mr.P.Vasudevan
J U D G M E N T
Despite the fact that the suit has been adjourned from April 2021, no progress is shown. Even today, the learned counsel for the plaintiff would submit that she is unable to get documents from the plaintiff. Though cost was imposed for earlier adjournments by order dated 26.08.2021, by accepting the representation of the counsel, the said order was re-called on 01.09.2021.
2.Despite considerable indulgence shown, the plaintiff has exhibited total negligence in conduct of the proceedings leaving to the counsel, the plaintiff helplessness before the Court. Hence, this suit is dismissed for non-prosecution. No costs.
List of witness and documents filed on the side of the plaintiff: Nil List of witness and documents filed on the side of the defendants: Nil Sd./- R.S.M.J.
27.10.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.