J.Balaboi & Co., (P) Ltd v. M/S.B.M. Plastics Machinery

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN C.S.No.204 of 2005 M/s.J.Balaboi & Co., Private Limited having its office at No.12, Sunkurama Street Chennai-600 001, through the Asst. Manager (Admn) Mr.T.Nachiappan .. Plaintiff vs.

1.AR.Somasundaram 2.S.M.Meena 3.K.Latha 4.S.Kavitha 5.N.Manickam Chettiyar 6.T.Sambandam 7.S.Rajalakshmi 8.C.Sasikala 9.Yezhisai Vallabi 10.M.S.M.Velayutham Chettiar 11.The Sub Registrar Office of the Sub Registrar Main Road, Mathagupatti Sivagangai District 12.The Sub Registrar Office of the Sub Registrar Ashok Nagar, Chennai-600 083.

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13.The Sub Registrar Office of the Sub Registrar Chokkikulam, Madurai-625 002.

14. The Joint Sub Registrar-II Office of the Sub-Registrar Chengalpattu Kancheepuram District. Defendants Prayer: Civil Suit filed under Order VII Rule 1 of Civil Procedure Code, 1908, as amended, read with Order IV Rule 1 of the High Court Original Side Rules, praying to pass a judgement and decree; a) directing the defendants 1 to 10, jointly and severally to pay a sum of Rs.25,00,000/- together with subsequent interest at 12% per annum on Rs.25,00,000/- from the date of filing of the suit, till the date of realization in full.

b) to declare that the immovable properties mentioned in the schedule A, B, C and D hereunder were purchased out of the embezzled money from the plaintiff Company, by the defendant-1 in collusion with defendants 2 to 10 herein and consequently create a charge in the immovable properties, mentioned in Schedule A to D, hereunder. c) to direct the defendants 11 to 14 not to register any Instrument of Conveyance or any other nature of deeds or instrument, pertaining to the properties mentioned in the Schedule 'A' to 'D', if executed by the defendants 1 to 4. d) to pay the cost of this suit.

For Plaintiffs : No Appearance 2/4

For Defendants : Mr.Dr.S.Suriya for D11 to D14 Additional Government Pleader(CS)

JUDGMENT

When the matter came up for hearing on 19.02.2024, there was no representation on behalf of the plaintiff and hence the matter was directed to be posted under the caption "for dismissal" on 20.02.2024. Even today (20.02.2024), there is no representation on behalf of the plaintiff either in person or through the counsel on record. Hence, the Civil Suit is dismissed for default. No costs.

20.02.2024 Index:Yes/No Speaking/Non-speaking Order uma A.A.NAKKIRAN,J.

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