Itc Limited v. Nitin Sachdeva, Proprietor, Sachdeva Stationers

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN C.S.(Comm Div)No.202 of 2023 and A.No.4218 of 2023 ITC Limited Education and Stationery Products Business, ITC Centre, 5th Floor, No.760, Anna Salai, Chennai 600 002.

Rep. By its Management Accountant & Power of Attorney Holder, Mr.Hardik Patel ... Plaintiff Vs.

Nitin Sachdeva, Proprietor, Sachdeva Stationers, S/o, Mr.Rajinder Sachdeva, Opp. Sugar Mill, G.T.Road, Chheharata, Amritsar - 143 001.

... Defendant PRAYER: The Plaint filed under Order IV Rule 1 of Original Side Rules of this Court read with Order VII Rule 1 of C.P.C., and numbered as C.S.No.202 of 2023, praying for judgment and decree against the defendant, as follows:

(a) For a sum of Rs.2,03,53,211/- (Rupees Two Crore, Three Laksh, Fifty Three Thousand, Two hundred and Eleven only) together with interest at the rate of 13% on Rs.1,43,77,494/- (Rupees One Crore Forty Three Lakhs Seventy Seven thousand, Four Hundred and Ninety Four only) from the date of plaint till the date of realization and (b) For the Costs of the suit For Plaintiff : Mr.K.Krishnamoorthy For Defendant : Summons not ready

J U D G M E N T

Since the suit summons sent to the defendant, returned as "unserved", this Court on 04.03.2024, ordered fresh summons to the defendant returnable by 04.04.2024. It is found from the endorsement made by the Registry that the fresh batta/memo has not yet been filed by the plaintiff for serving summons on the defendant. In view of the same, Civil Suit is dismissed for default. No costs. Consequently, connected application is closed.

04.04.2024 mfa

P.VELMURUGAN, J.

mfa C.S.(Comm Div)No.202 of 2023 and A.No.4218 of 2023 04.04.2024