Chetak Agencies v. Business Alert Infotech Private Limited (Creditq)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.02.2024

CORAM:

THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE R.SAKTHIVEL Civil Miscellaneous Appeal No.2936 of 2023 and CMP No.27529 of 2023

1. Chetak Agencies, No.462/3, Mint Street, Chennai 79, Rep by its Authorised Partners, Mr.Kalpesh Kumar I Jain, Flat No.402 Block T-4, 4th Floor, North Town Binny, No.4-7, Stephenson Road, Perambur, Chennai 600 112.

2. Mr.Haresh Kumar I Jain ... Appellants

Versus

1. Business Alert Infotech Private Limited, ("Creditq"), Rep by its representative, Sector 3, Plot No.31, Chitrakoot, Vaishali Nagar, Jaipur, Rajasthan 302 021.

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2. Capital Law House, Rep. by its representative, No.8/14, Ist Floor, Chitrakoot, Vaishali Nagar, Jaipur, Rajasthan 302 021.

.... Respondents PRAYER: This appeal is filed under Section Order 13 of the Commercial Court Act, 2015 read with Order XLIII Rule 1(a) of the Code of Civil Procedure, to set aside the Return Order passed in Unnumbered C.O.S. S.R.No.508 of 2023 dated 04.07.2023 on the file of the District Judge, Commercial Courts at Egmore, Chennai and consequently direct the learned District Judge, Commercial Courts at Egmore, Chennai to number the suit, filed in Unnumbered C.O.S. S.R.No.508 of 2023.

For Appellants : No appearance 2/4

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) When the Appeal was taken up for hearing on 02.02.2024, there was no representation on behalf of the appellants. Hence, the Registry was directed to list the matter on 06.02.2024, under the caption 'for dismissal'. Even today, there is no representation on behalf of the appellants. Therefore, the Appeal is dismissed for non prosecution. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(R.SUBRAMANIAN, J.) (R.SAKTHIVEL, J.) 06.02.2024 jv Index : No Internet : Yes Non Speaking order To The District Judge, Commercial Courts at Egmore, Chennai 3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL , J.

jv Civil Miscellaneous Appeal No.2936 of 2023 and CMP No.27529 of 2023 06.02.2024 4/4