Sss Hi Tech Construction Pvt Ltd v. Rak Ceramics India Private Ltd

A No. 927 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY A No. 927 of 2026 in C.S.(Comm.Div.) SR.No.17005 of 2026 SSS Hi tech Construction Pvt Ltd Rep.by its Managing Director Mr.N.Srinivasan No.678, Tonndiarpet High Road, New Washermenpet, Chennai 600 081.

..Applicant(s) Vs

1. RAK Ceramics India Private Ltd Rep.by its CEO Mr.Anil Kumar Beejawat, Having Office at 1st and 2nd Floor, Amient House, Kodambakkam High Road, Chennai 34.

2. Central Public Works Department Rep.by Executive Engineer, CPWD Utility Building, JIPMER Academic Campus, Karaikal 609 602.

..Respondent(s) PRAYER: To grant leave to the Applicant/Plaintiff under Section 80(2) of the Code of Civil Procedure, 1908 to institute the accompanying suit without serving the notice to 2nd Defendant under section 80(1) of the CPC in C.S. (Comm.Div) D.No.17005 of 2026.

M/s.G.Vairava Subramanian __________ https://www.mhc.tn.gov.in/judis

A No. 927 of 2026 SENTHILKUMAR RAMAMOORTHY, J.

RNA

ORDER

In a proposed suit for recovery of a sum of Rs.1,41,36,070/- (Rupees One Crore Forty One Lakhs Thirty Six Thousand Seventy only) with interest thereon from the first respondent, the intending plaintiff has requested for leave to dispense with notice under Section 80 of the Code of Civil Procedure, 1908 (CPC) insofar as the second respondent is concerned.

2. In the affidavit in support of the application, it is stated that the suit claim is directed against the first respondent and that the second respondent has been arrayed as a party because certain communications have been addressed to the said party. It is also stated that the delay that would be caused by serving notice under Section 80 of CPC would defeat the object of the suit.

3. Considering the aforesaid, this application is allowed as prayed for. As a corollary, the Registry is directed to number the suit, if otherwise in order. 25-02-2026 RNA A No. 927 of 2026 in C.S.(Comm.Div.) SR.No.17005 of 2026 __________ https://www.mhc.tn.gov.in/judis