M/S.Shree Constructions vs /
2021 Latest Caselaw 23318 Mad

                                                                                     C.S.No.327 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated : 29.11.2021

                                                             Coram:

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                    Civil Suit No.327 of 2015
                                                           (Comm. Suit)

                     M/s.Shree Constructions
                     Rep. by its Prof. N.Mageshwaran
                     Having office at No.129, 1st Floor
                     Icon Centre, Nelson Manickam Road,
                     Aminjikarai, Chennai-600 029.                                    .. Plaintiff

                                                             /versus/
                     V.Deenadayalan
                     S/o.T.N.Varadharajulu Naidu
                     No.1, Krishnappa Mudali Street,
                     Purasaiwalkam, Chennai-600 084.                                 ..Defendant


                     Prayer:
                           Civil Suit has been filed under Order IV Rule 1 of Original Side
                     Rules read with Order VII Rule 1 of Civil Procedure Code, praying to
                     pass a judgment and decree for:-
                                  (a) directing the defendant to pay to the plaintiff the sum of
                     Rs.1,05,77,401/- (Rupees One Crore Five Lakhs Seventy Seven Thousand
                     Four Hundred and One only) together with interest at the rate of 24% per
                     annum from the date of plaint till the date of realization;
                                  (b) directing the defendant to pay to the plaintiff the costs of this

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https://www.mhc.tn.gov.in/judis
                                                                                   C.S.No.327 of 2015

                     suit;
                                        For Plaintiff :   No appearance
                                                          ------
                                                     JUDGMENT

This Court passed an order on 20.10.2021 directing the learned

counsel for the plaintiff to carry out the amendment and file the amended

copy of the plaint by 10.11.2021. This order was not complied with and

when the matter was taken up for hearing on 19.11.2021, this Court

deemed it fit to give one last opportunity to the plaintiff to comply with

the order passed by this Court on 20.10.2021. This Court however,

imposed costs for the delay caused in complying with the order. Even

today, the amendment has not been carried out in the plaint and amended

copy has not been filed. Even, the costs imposed by this Court has not

been paid.

2. In view of the above, this Civil Suit is dismissed for default.

There shall be no order as to costs. Connected applications are closed, if

any.

29.11.2021 Index : Yes/No Speaking/Non-speaking mk

https://www.mhc.tn.gov.in/judis C.S.No.327 of 2015

To The Sub-Assistant Registrar, Original Side, High Court, Madras.

N.ANAND VENKATESH. J.,

https://www.mhc.tn.gov.in/judis C.S.No.327 of 2015

mk

Civil Suit No.327 of 2015 (Comm. Suit)

29.11.2021

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