Regaliaa Realty Ltd v. Karvy Financial Services Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021 Coram The HONOURABLE MR. JUSTICE V.PARTHIBAN and A.Nos. 2148 of 2020 & 5655 of 2019

1. Regaliaa Realty Ltd.

represented by its Director, Mrs.Kavitha Reganathan, Having its Registered office at No.10, Tarapore Avenue, Harrington Road, Chennai - 600 031.

2. Mr.D.Sudhakara Reddy

3. Ms.Deephtha Reddy, represented by is Power Agent Mr.D.Sudhakara Reddy ...... Plaintiffs vs.

Karvy Financial Services Limited represented by its Managing Director Nos.705 and 706, 7th Floor, Hallmark Business Plaza, Sant Dnyaneshwar Marg, Off Bandra Kurla Complex, Mumbai- 400 051.

..... Defendant Plaint filed under Order VII Rule 1 of the Civil Procedure Code, 1908 read along with Order IV Rule 1 of the Original Side Rules for the reliefs that

the defendant company be ordered and decreed and directed to pay the 1st plaintiff company a sum of Rs.4.33 Crore as compensation towards the statutory expenses incurred by the 1st plaintiff company along with interest at the rate of 24% p.a. from the date of plaint, till the Date of realization and that the defendant company be ordered and decreed and directed to pay as damages of Rs.2,39,84,647/- to the 2nd plaintiff and Rs.39,76,751/- to 3rd plaintiff along with interest at the rate of 24% p.a. from the date of plaint till realisation and for cost of the present suit. For Plaintiffs ... No appearance For Defendant ... Mr.Arun Anbumani

J U D G M E N T

When the matter is posted today under the caption ' for dismissal', there is no appearance on behalf of the plaintiffs. This Court vide, earlier order, dated 14.07.2021, after taking note of the submission made by the learned counsel appeared for the plaintiffs that he was unable to get instructions from his clients despite his best efforts, directed the Registry to issue summons to the 1st and 3rd plaintiffs returnable by 06.08.2021 and posted the matter on 06.08.2021. The 2nd plaintiff was stated to have expired during the pendency

of the Civil Suit.

2. On 06.08.2021, this Court found that there was no appearance on behalf of the plaintiffs despite service of summons on 04.08.2021 on the 1st and 3rd plaintiffs and their names being printed in the cause list. However, in order to provide final opportunity for the appearance of the plaintiffs 1 & 3, the matter was posted under the caption ' for dismissal' on 11.08.2021.

3. Today also, there is no appearance on behalf of the plaintiffs. In view of the same, this Court is constrained to dismiss the Suit for nonprosecution. Accordingly, the Civil Suit is dismissed for non-prosecution. No costs. Consequently, connected applications are closed. 11.08.2021 vsi Index:Yes/No Internet:Yes

V.PARTHIBAN,J vsi 11.08.2021