M/S.Upasana Finane Limited v. M/S.Octanoram (India) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:02.11.2023

CORAM

HONOURABLE MR JUSTICE A.A.NAKKIRAN C.S. No.381 of 1999 Upasana Finance Limited, No.96/1,, Luz Church Road, Mylapore, Chennai 600 004 Rep by its Manager Finance & Secretary Mr.R. Krishnan ...Plaintiff vs

1. M/sOctanorm India Limited No.32, D'Monte Colony TTK Road, Chennai 600 018.

2. A.Arokia Daas

3. John Basco

4. Savari Cruz 5.Arul Francis ..Defendants Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code praying for a judgment and decree a) directing the defendants jointly and severally to pay a sum of 1/4

Rs.33,12,803/- together with further interest at 48% per annum from the date of plaint till the date of realisation.

b) in default of payment of the amount as stated above for sale of the mortgaged property mentioned in the schedule to the plaint and apply the sale proceeds after deducting the sale expenses towards the amount due under the decree;

c) in the event of sale proceeds not being sufficient to satisfy the decree grant liberty to the plaintiff for personal decree against the defendants 1 to 5 and d) directing the defendants jointly and severally to pay the cost of the suit.

For Plaintiff : No appearance For Defendants : M/s.N.A.Nissar Ahmed for D5 No appearance for D1 & D2

J U D G M E N T

Earlier, when the Suit was posted on 01.112023 for hearing, there was no representation for the plaintiff and hence, the matter was directed to be posted on 02.11..2023 under the caption, "for dismissal". 2/4

2. Even today, ( 02.11..2023), 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 non-prosecution. No costs. 02.11.2023 Index : Yes/No Internet : Yes Speaking/Non-speaking order gv A.A.NAKKIRAN,J.

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gv C.S. No.381 of 1999 02.11.2023 4/4