M/S Esteem Alloys Castings v. M/S.Iic Gontainer Line Pvt.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.S.No.531 of 2003

1. M/s.Eastern Alloys Castings Pvt Ltd., Rep by its Manager Mr.Madhusudhanan 54, First Lane, Pantheon Road, Egmore, Chennai-8.

2. M/s.Dolphin Enterprises a sole proprietor concern, represented by sole proprietor Mr.Om Prakash Pareek, 79, Choolai High Road, Choolai, Chennai-112.

... Plaintiffs Vs.

1.M/s.IIC Container Line Pvt Ltd, 205/1, Linghi chetty Street, II Floor, Chennai-1.

rep by its Managing Director.

2.M/s.K.Steamship Agencies Pvt Ltd., No.4, Second line Beach, Chennai-1, rep by its Managing Director.

3.M/s.K.Line Singapore PTE Ltd 52/54/56, Peck Seah Street, Helitage Court, Singapore - 079319.

... Defendants Prayer: This Civil Suit is filed under Order IV Rule 1 of Original Side Rules r/w Order VII Rule 1 CPC : directing the defendants to pay the plaintiffs the sum of Rs.20,29,998.20 together with interest at the rate of 18% per annum from the date of the plaint till the date of repayment; to pay the plaintiff a sum of Rs.5,00,000/- towards damages for mental agony suffered by the plaintiffs.

P.VELMURUGAN, J.

tsh For plaintiffs :

Mr.K.S.Ravichandran, No appearance For defendants :

Mr.H.M.Musthafa for D1.

Mr.Bijai Sundar for D2 and D3 No appearance.

J U D G M E N T

There is no representation on behalf of the plaintiffs. The learned counsel for the first defendant represented that plaintiffs filed proof affidavit on 09.03.2015. Thereafter, the plaintiffs have not turned up before the Court, the adjudication proceedings before the Additional Master-III, reveals that the plaintiffs are not present for cross examination. Today, also there is no representation on behalf of the plaintiffs either in person or through the counsel. Hence, the suit is dismissed for non-prosecution. No costs.

10.01.2017.

tsh CS.No.531 of 2003 http://www.judis.nic.in