Madras High CourtCS/637/2019dismissed for default

Piletech Infra Pvt.Ltd., v. Motor Finane Corporation

2020-11-27Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27/11/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Piletech Infra Pvt Ltd rep. By its Authorised Signatory Mr.Rajesh S.Mirchandani.

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Plaintiff Vs Motor Finance Corporation "Akshaya Plaza"

55 Harris Road Opp Egmore Court Chennai 600 002.

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Respondent Plaint filed under Order VII Rule 1 of C.P.C., 1908 and Order IV Rule of Original Side Rules, 1956.

For Plaintiff ...

No appearance For respondent ...

Mr.V.Devendran - - - - -

J U D G M E N T

Instant Civil Suit has been filed to grant a permanent injunction restraining the defendant from making or removing the inventories and

machineries of the plaintiff located in Geetha Yard No.1/47, Arakkambakkam Main Road, Avadi, Chennai 600 005; to grant a mandatory injunction directing the defendant to return the inventories and machineries which were illegally removed from Geetha Yard, No.1/47, Arakkambakkam Main Road, Avadi, Chennai 600 0055 and direct the defendant to pay a sum of Rs.1,00,25,000/- along with interest at the rate of 18% from the date of filing of the suit till the date of recovery of the same for the loss and damage caused to the plaintiff.

2. Heard Mr.V.Devendran, learned counsel for the respondent.

3. Learned counsel appearing for the respondent would submit that suit itself was filed suppressing the appointment of Official Liquidator. Therefore, the suit is not maintainable.

4. When the same was pointed out to the learned counsel for the plaintiff last time, learned counsel appearing for the plaintiff submitted that they also not able to file fresh vakalat on behalf of Official Liquidator. Therefore, they claim to withdraw the suit.

5. Today, when the matter is taken up for hearing, through Video Conferencing, there is no representation on behalf of the plaintiff. Accordingly, instant Civil Suit is dismissed for default. No costs. Consequently, the connected Application Nos.987, 988, 8366 and 8367 of 2019 are closed.

27/11/2020 mvs.

N.SATHISH KUMAR,J mvs.

27/11/2020