Madras High CourtC.S(COMM DIV)/185/2023dismissed for default

Kingfa Science And Technology (India) Limited v. Mr.Gaurav Tripathi

2024-06-26Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN C.S. (Comm. Div.) No.185 of 2023 and A.No.3728 of 2023 and A.No.1564 of 2024 Kingfa Science & Technology (India) Limited Represented by its authorized signatory K.Seshadri Registered Office at No.827, Dhun Building III Floor, Anna Salai Chennai - 600 002 ... Plaintiff Vs.

Gaurav Tripathi Proprietor of AE Enterprises No.44, Hive Level 3, VR Chennai Pillayar Kovil Street, Jawaharlal Nehru Road Anna Nagar, Chennai - 600 040 Also having its branch office at AJ 70, 9th Main Road Shanthi Colony, Anna Nagar Chennai - 600 040 ... Defendant 1/4

Prayer: The plaint is filed under Order VII Rule 1 of Code of Civil Procedure, 1908 rad with Order Order IV Rule 1 of the Original Side Rules and Section 7 of the Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (Act 4 of 2016), praying to pass judgment and decree against the defendant on the following terms;

i. Directing the defendant to pay a sum of Rs.1,08,53,680/- (Rupees One Crore Eight Lakhs Fifty Three Thousand Six Hundred and Eighty Only) to the plaintiff in respect of the value of the products supplied to the defendant together with interest at the rate of 18% per annum till the realization of the amount; and ii. Costs of the suit.

For Plaintiff : M/s.Genicon & Associates For defendant : Mr.Gaurav Chatterjee 2/4

JUDGMENT

This Court by order dated 05.06.2024, had directed both the parties to file their proof affidavit along with case management schedule on or before 25.06.2024.

2. Today (26.06.2024), when the matter is taken up for hearing, though the defendant has filed the proof affidavit, the plaintiff has not filed the proof affidavit.

3. Therefore, this suit is dismissed for default. No costs. Consequently, connected applications are closed. 26.06.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 3/4

P.VELMURUGAN. J.

Ksa-2 C.S. (Comm. Div.) No.185 of 2023 and A.No.3728 of 2023 and A.No.1564 of 2024 26.06.2024 4/4