Anil Kumar Daga vs R.T. Palanivelu
2021 Latest Caselaw 25158 Mad

                                                                                      C.S. No. 219 of 2009

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 21.12.2021
                                                          CORAM
                                   THE HONOURABLE MR. JUSTICE N. SESHASAYEE
                                                    C.S. No. 219 of 2009
                     Anil Kumar Daga                                ..Plaintiff
                                                             Vs.

                     1.           R.T. Palanivelu
                     2.           T. Karpagambal
                     3.           M. Chandran
                     4.           A. Kasthuri                 ..Defendants

                     Prayer:           Civil Suit under Order IV Rule 1 r/w Order XXXVII Rule 2 of
                     O.S. Rules r/w Order VII Rule 1 CPC praying for a judgment and decree (i)
                     directing the 1st, 2nd and 3rd defendants to pay to the plaintiff a sum of
                     Rs.30,85,862/- along with interest thereon at the rate of 24% per annum as
                     may accrue between the date of ths plaint and the date of payment in full
                     along with the costs of this suit, on such firm date as may be specified by
                     this Hon'ble Court (ii)        in default of payment by the 1 st, 2nd and 3rd
                     defendants of such decretal amount on or before the date so specified, this
                     Hon'ble Court may further be pleased to direct that the properties more fully
                     described in Item Nos. 1 & 2 of the Schedule hereunder may be caused to be
                     sold and the proceeds of such sale, after defraying therefrom the expenses of
                     the sale, be applied in and towards the payment of the amount so directed to
                                                                                  N. SESHASAYEE,J.
                                                                                                      nv
                     be paid to the plaintiff and (iii) that in the event of the sale proceeds not
                     being sufficient for the payment in full of the decretal amount, this Hon'ble
                     Court may further be pleased to direct the 1st, 2nd and 3rd defendants to pay to
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                     the plaintiff the amount of such deficiency with interest thereon at such rate
                                                                                     C.S. No. 219 of 2009

                     as may be then be determined by this Hon'ble Court until realization.
                                       For Plaintiff ::   No Appearance

                                       For Defendants     ::   Mr.B. Vijay for D4

                                                          JUDGMENT

This is the second occasion the case is not represented by anybody.

Hence, the suit is dismissed for default. No costs.

21.12.2021 nv

C.S. No. 219 of 2009

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