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Madras High CourtCS/463/2016dismissed for default

M/S.St.John Freight Systems v. L.A.Fernando

2021-07-02Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 2ND DAY OF JULY, 2021 THE HON'BLE MR. JUSTICE R. G. JAYACHANDRAN C.S. No.463 of 2016 M/s. St. John Freight Systems Ltd Rep. by Mr. Benedict Victor, AVP & Company Secretary Having its Corporate Office at No. 480, Anna Salaikhivraj Building Complex II, 7th Floor, Nandanam, Chennai - 600 035.

..Plaintiff Vs.

1. Mr. L A Fernando 8 Parkland Parade, Bath Road, Hounslow, Middlesex 7W5 9AX United Kingdom.

..Defendant Civil Suit praying that this Hon'ble Court be pleased to pass prays that this Hon'ble Court may be pleased to pass a Judegement and Decree against the defendant.

(a) directing the defendant to pay a sum of US $163,800 is due from the Defendant to the Plaintiff for the service rendered equivalent to Indian Rupees being Rs. 1,11,38,400/- (One Crore Eleven lakhs Thirty Eight Thousand Four Hundred only) and interest at the rate of 18% on the Principal amount of US $ 163,800 equivalent Indian Rupees 1,11,38,400/- (One Crore Eleven lakhs Thirty Eight Thousand Four Hundred only). from

the date of filing of the suit till the date of realization. (b) directing the defendant to pay the cost of this suit. This Suit coming on this day before this court for hearing the plaintiff and defendant herein, not appearing in person or by advocate and upon reading the plaint filed herein and there is no representation for the plaintiff, it is ordered as follows:- That the suit in C.S. No. 463 of 2016, be and is hereby dismissed for default.

2. That there shall be no order as to costs of this suit. WITNESS THE HON'BLE JUSTICE MR. SANJIB BANERJEE, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 2nd DAY OF JULY, 2021.

Sd./- ASSISTANT REGISTRAR (COMM. CASE) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

VF-12.07.2021 C.S. No.463 of 2016 ORDER :- DATED: 02.07.2021 THE HON'BLE MR. JUSTICE G. JAYACHANDRAN FOR APPROVAL: 13/07/2021 APPROVED ON: 20/07/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2021

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN C.S.No.463 of 2016 M/s.St.John Freight Systems Ltd, Rep. by Mr.Benedict Victor, AVP & Company Secretary, Having its Corporate Office at No.480, Anna Salaikhivraj Building Complex II, 7th Floor, Nandanam, Chennai 600 035.

.. Plaintiff vs Mr.L.A.Fernando 8, Parkland Parade, Bath Road, Hounslow, Middlesex 7W59AX, United Kingdom.

...Defendant Prayer:Civil Suit filed under Order IV Rule I of the O.S.Rules Read with Order VII Rule I of C.P.C. praying for the following: a) directing the defendant to pay a sum of US$163,800 is due from the defendant to the plaintiff for the service rendered equivalent to Indian Rupees being Rs.1,11,38,400/- (One crore Eleven Lakhs Thirty Eight Thousand Four Hundred Only) and interest at the rate of 18% on the principal amount of US$163,800 equivalent Indian Rupees 1,11,38,400/- (One Crore Eleven Lakhs Thirty Eight Thousand Four Hundred Only) from the date of filing of the suit till the date of realisation. b) directing the defendant to pay the cost of this suit;

For Plaintiff : No Appearance For Defendant : No Appearance

J U D G M E N T

There is no representation on behalf of the plaintiff consecutively for the hearings dates 25.01.2021, 24.03.2021, 16.02.2021 and 24.03.2021. Hence, the matter was listed today under the caption for dismissal. Even today, there is no representation for the plaintiff. Hence, the suit is dismissed for default. No order as to costs. Sd./- G.J.J.

02.07.2021 // Certified to be true copy// Dated at Madras this day of 2021. Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.