M/S.Penna Cement Industries Ltd vs Branch Office At
2021 Latest Caselaw 16080 Mad

Citation : 2021 Latest Caselaw 16080 Mad
Judgement Date : 6 August, 2021

Madras High Court

M/S.Penna Cement Industries Ltd vs Branch Office At on 6 August, 2021

                                                                   C.S.(Com.Div.) No.556 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated : 06.08.2021

                                                     CORAM:

                            THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                          C.S.(Com.Div.) No.556 of 2016


                      M/s.Penna Cement Industries Ltd.,
                      Represented by its Manager (Marketing)
                      Mr.Prudentius Felix Gerald Henry,
                      Branch office at
                      Zaret Garden,
                      No.8, Casa Major Road,
                      Egmore, Chennai-600 008.                                   ...Plaintiff

                                                      /versus/

                      M/s.Sreedevi Infra Constructions Pvt.Ltd.,
                      Rep.by its Director,
                      Ravi Shankar Tumkur Sanganna
                      Gordenia Apartments,
                      Orchid Block-101,
                      Sahakaranagar,
                      Kodeghalli,
                      Bangalore – 560092.

                      Branch office at
                      M-Floor, “W” Block,
                      No.97, 3rd Main Road,
                      Anna Nagar,
                      Chennai-600 040.                                            .. Defendant



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                                                                    C.S.(Com.Div.) No.556 of 2016

                                This Civil Suit is filed under Order IV Rule 1 Original Side
                      Rules read with Order XXXVII Rule 1 of CPC , prayed for (a) Direct the
                      Defendant to pay a sum of Rs.1,13,31,454/- (Rupees One Crore Thirteen
                      Lakhs Thirty One Thousand Four Hundred and Fifty Four Only) together
                      with interest of Rs.39,66,009/- @ 24% per annum (from 16.12.2014 to
                      31.05.2016) in all amounting to Rs.1,52,97,463/-) (Rupees One Crore
                      Fifty Two Lakhs Ninety Seven Thousand Four Hundred and Sixty Three
                      only) and further interest at the rate of 24% per annum on the principal
                      sum of Rs.1,13,31,454/- calculated from the date of Plaint till the date of
                      realization;
                                (b) For costs of the suit.


                                          For Plaintiff       : No appearance

                                          For Defendants      : No appearance

                                                    JUDGMENT

The defendants were served suit summon on 27.09.2016 and

entered appearance through their counsel. The written statement is not

filed, though the Commercial Courts Act provides for granting time after

determination of jurisdiction and this suit was filed in the year 2016

before the advent of the Commercial Courts Act on the Original Side of

this Court.

2. Taking note of the fact that in spite of nearly five years

http://www.judis.nic.in C.S.(Com.Div.) No.556 of 2016

lapsed, the defendants have not filed their written statement and also

there is no representation on behalf of the defendants. Similarly, when the

case was listed on 07.07.2021, it was reported across the bar that

Mr.T.Velumani, Senior Advocate representing the plaintiff had passed