Madras High Court
M/S.Mtc Business P Ltd vs Mr.S.P.Annamalai on 19 November, 2021
C.S.625 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :19.11.2021
Coram:
THE HONOURABLE Mr.JUSTICE N.ANAND VEKATESH
C.S.No.625 of 2011
1. M/s.MTC Business P Ltd.,
Represented by its Manager,
Mr.Chintan Dhariwal,
Registered Office at No.301-302, Vertex Vikas “A” Wing,
Andheri East, Mumbai,
Having Regional Office at
808, Poonamalli High Road,
6-A, Clave Chaiteu,
Kilpauk, Chennai 600 010.
2. M.S.Metal & Steels Pvt Ltd.,
Rep. By its Manager Mr.Bhavesh J Bafna,
808, VI “A” Clave Chateau (Nilgiris Super Market, Building),
Poonamalli High Road,
Kilpauk, Chennai 600 010/ .. Plaintiffs
/versus/
1. Mr.S.P.Annamalai
2. MAG SPOLIKA Z.O.O.,
Rep by its Director Mr.Harpreeth singh Thappar,
UL, Lanow, A 25/15,
87-800, WLOCLAWEK,
Poland.
3. Union Bank of India,
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C.S.625 of 2011
Mayani Manor, Andheri Kurla Road,
Andheri east,
Mumbai – 69
4. Kredyt Bank S.A.ul
Kosciuszki-3,
Wloclawek, Post,
Code – 87-800
Poland.
5. S.Shann,
Laks Singapore PTELTD.,
No.3, Cole man street,
No.03-29-Peninsula-HEfel
Singapore 179 804 ..Defendants
Prayer: Civil Suit has been filed under Order IV Rule I of O.S.Rules and
order VII Rule 1 of CPC praying to pass a judgment and decree for:-
(a) granting declaration that the sale transaction between the
plaintiffs and the second defendant through the first and fifth
defendants pursuant to the proforma invoice-sale contract dated
07.05.2011 is cancelled and the second defendant is not entitle to
receive the sale consideration for the delivered goods of 500 mt since
the commodity were not sent as mentioned in the said proforma
invoice-sale contract.
(b) directing the defendants jointly and severally to refund a
sum 239000USD (equivalent to Rs.1,09,94,000/- (Rupees One crore
Nine lakhs Ninety four thousand only) at the existing rate of US dollar
as on the date of filing suit at Rs.46/- per USD) with interest of 24% pa
from the date of filing of this suit till realisation for which letter of
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C.S.625 of 2011
credit bearing No.3192NI000 25711 dated 16.05.2011 accepted and
confirmation given by the third defendant bank and encashed by the
second defendant.
(c) To recover a sum of Rs.8,31,600/- towards the locs cost
spent by the plaintiffs to handle the unworthy material of 462 mts
from the first, second and fifth defendants jointly and severally.
(d) Declaring that the sale transaction between the plaintiffs
and the second defendant through the first and fifth defendants
pursuant to the proforma invoice sale contract date 09.06.2011 is
cancelled and the second defendant is not entitle to receive the sale
consideration or the un-delivered goods of 1500 mt since the
commodity were not sent as mentioned in the said proforma invoice
sale contract.
(e) Granting permanent injunction restraining the third
defendant bank from giving acceptance and confirmation to the fourth
defendant to honour the letter of credit bearing No.31920NI00030911
dated 13.08.2011 issued by the third defendant bank and allowing the
second defendant from encashing the letter of credit and thus render
justice.
(f) granting cost of the suit.
For Plaintiffs :Mr.U.Karunakaran
For Defendants : Mr.Srinath Sridevan
for D3
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C.S.625 of 2011
JUDGMENT
When the matter was taken up for hearing on 21.09.2021,
the learned counsel for the plaintiffs submitted that he wants to take
instructions from the plaintiffs. Thereafter, the matter was once again
taken up for hearing on 05.10.2021 and the learned counsel for the
plaintiffs once again took time to report as to whether the plaintiffs
would be interested in prosecuting the suit. When the matter was
once again called on 21.10.2021, there was no representation for the
plaintiffs. Even today, there is no representation for the plaintiffs. It
is clear that the plaintiffs are not interested in prosecuting this suit
and accordingly, this suit is dismissed for default.
19.11.2021
rka
https://www.mhc.tn.gov.in/judis
C.S.625 of 2011
N.ANAND VENKATESH,J.
rka
C.S.No.625 of 2011
19.11.2021
https://www.mhc.tn.gov.in/judis
