Purushothamn, S/O.Jambukesan v. M/S.Jain Granites And Projects Ltd., Rep.By M/D.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 20th DAY OF DECEMBER 2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE J.PURUSHOTHAMAN, S/o Jambukesan, Aged : 84 years, F 98/5, Shyam Apartments, 4th Street, Anna Nagar East, Chennai - 600 102.
...Plaintiff -versus1. M/s Jain Granites and Projects Ltd, Rep by its Managing Director , 48, Harrington Road, Shenoy Nagar, Chennai - 600 030.
2. Mr.Anil Rackbchand Bafna, Director of M/s Jain Granites and Projects Ltd, 48, Harrington Road, Shenoy Nagar, Chennai - 600 030.
3. Mr.AXN.Prabhu, Advocate M/s TGV Associates, No.10, First Floor, TNSCB office complex 33, Venkat Narayana Road, Nandanam, Chennai - 600 035.
*4. Mr. Madhu Desikan, Interim Resolution Professional 1/4 Vijayalakshmi Apartments,
Balasubramaniam Street, Mylapore, Chennai - 600 004.
* 4th defendant impleaded as per order in Appl. No. 5938/2019 dt 24.10.2019 by this Hon'ble Court.
...Defendants Civil Suit praying that this Hon'ble Court be pleased to pass a judgment and decree a. Directing the defendants jointly and severally pay the plaintiff the expenses so far incurred and compensation for damages caused to the tune of Rs.1,00,10,000/- (One Crore Ten Thousand only) with interest. b. Future Interest @18% there on from the date of the Decree till realization.
c. Costs of the suit.
This Civil Suit coming on this day before this Court for hearing and in the plaintiff herein not appearing in person or by advocate and Mr.Vishnu Mohan, Advocate for the 2nd defendant and Mr.S.Harish Kumar, Advocate for the 1st and 4th defendants herein and for the 3rd defendant herein, not appearing in person or by an advocate and upon reading the plaint filed herein in C.S.676 of 2018 and this Court having observed that even on the last hearing date i.e. on 10.12.2021, there was no representation on the side of the plaintiff, it can now be inferred that the plaintiff is not interested in prosecuting this suit, it i s ordered as follows:-
That the suit in C.S.No.676 of 2018, be and is hereby dismissed for non-prosecution.
2) That there shall be no costs of this suit. WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 20th DAY OF DECEMBER 2021. Sd/- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
ARS 30.12.2021
ORDER
DATED : 20.12.2021 THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE FOR APPROVAL: 05.01.2022 APPROVED ON : 06.01.2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.12.2021 Coram:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE J.Purushothaman ... Plaintiff Vs 1 M/s.Jain Granites and Projects Ltd.
Rep.by its Managing Director 48 Harrington Rd. Shenoy Nagar, Ch-30 2 Anil Rackbchand Bafna Director of M/s. Jain Granites and Projects Ltd. 48 Harrington Rd Shenoy Nagar Chennai 3 AXN.Prabhu Advocate M/s.TGV Associates No.10 1st Floor TNSCB Office Complex 33 Venkat Narayana Rd Nandanam Chennai.
4 Madhu Desikan, Interim Resolution Professional No.1/4 Vijayalakshmi Apts. Balasubrmaniam Street Mylapore Ch-4 (D4-impleaded as per order dt.
24/10/19 A.5938/19) ... Defendants Civil Suit filed Order VII Rule 1 CPC r/w Order IV Rule 1 of Original Side Rules seeking for directing the Defendants jointly and
severally pay the plaintiff the expenses so far incurred and compensation for damages to the tune of Rs.1,00,10,000/- with interested and future interst @ 18% there on from the date of the Decree till realization. For plaintiff : No appearance J UDGMENT The matter has been listed under the caption "for dismissal" today. There is no representation on the side of the plaintiff. Even on the last hearing date i.e. on 10.12.2021, there was no representation on the side of the plaintiff. It can now be inferred that the plaintiff is not interested in prosecuting this suit. Accordingly, this Civil Suit is dismissed for nonprosecution. No costs. Sd./-A.Q.J.
20.12.2021 //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.