M/S.Euro Fashion vs The Oriental Insurance Company ...
2021 Latest Caselaw 10531 Mad

                                                                     C.S.No.627 of 2007

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED:23.04.2021

                                                     CORAM:

                                      THE HON'BLE MR.JUSTICE T.RAVINDRAN

                                                C.S.No.627 of 2007

                     M/s.Euro Fashion,
                     Division of N Venisimal Securities Ltd,
                     Suite 23, Munoth Centre,
                     243, Triplicane High Road,
                     Chennai.5
                                                                       ... Plaintiff


                                                    Vs.


                     1. The Oriental Insurance Company Ltd,
                        City Branch Office III,
                        13/4, Second Avenue,
                        Anna Nagar, (East),
                        Chennai 600 102.

                     2. Mehta & Padamsey Surveyors P.Ltd,
                        Suite 21, 4th floor,
                        'Anands' No.303,
                         Old No.194/30,
                         Poonamallee High Road,
                         Kilpauk,
                       Chennai – 600 010.



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https://www.mhc.tn.gov.in/judis/
                                                                                  C.S.No.627 of 2007

                     3.P.N.Ravishankar,
                       Chartered Engineer,
                       Plot No.83, Second Cross Street,
                       “AGS” colony,
                        West Velacherry,
                        Chennai 600 042.

                     4. Bank of Ceylon,
                        1090, Poonamallee High Road,
                        Chennai 600 084.                                         ... Defendants

                      Prayer:      Civil Suit filed under Order 4 Rule I of OS R/w. Order 7 Rule 1

                     of CPC., to a) pass a judgment and decree against the first defendant to

                     direct them to pay Rs.1,00,00,000/- towards damages for the breach

                     committed by them in the violation of the Policy dated 19.08.2002 and to

                     pay interest altogether with the said amount at 24% p.a from the date of the

                     plaint till the date of realisation b) for a Mandatory injunction to direct the

                     2nd and third defendants to furnish the survey report conducted by them

                     jointly in the plaintiff's premises as per policy taken on 19.08.2002, c) pay

                     the costs of the abovesuit.

                                   For plaintiff     : No appearance

                                   For Respondent    : No appearance




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                                                                                    C.S.No.627 of 2007

                                                   JUDGMENT

In this matter, the counsel for the plaintiff had already reported that

the plaintiff had taken back the bundle and consequent to the same, this

Court had ordered the Registry to issue notice to the plaintiff and the notice

sent to the plaintiff had been returned as “no such office in the name of the

plaintiff at the said address”. Resultantly, the Registry was directed to list

the matter today, ie., on 23.04.2021, by printing the name of the plaintiff in

the cause list under the caption for dismissal.

2. Today, when the matter is called, there is no representation for the

plaintiff. plaintiff called, absent.

3. In the light of the above position, the Civil Suit is dismissed for

non-prosecution. No costs. Consequently, connected application, if any, is

closed.

23.04.2021

mfa Index:yes Internet:yes

https://www.mhc.tn.gov.in/judis/ C.S.No.627 of 2007

T.RAVINDRAN, J.

mfa

C.S.No.627 of 2007

23.04.2021

https://www.mhc.tn.gov.in/judis/