R.B.Vinoth vs B.Jayaraj
2022 Latest Caselaw 11334 Mad

                                                                                    C.S.No.826 of 2018


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 28.06.2022

                                                      CORAM

                     THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY.J.,

                                                C.S.No.826 of 2018
                                                        and
                                      O.A.No.1128 of 2018 & A.No.1211 of 2022

                  R.B.Vinoth                                                    ... Plaintiff
                                                         Vs.
                  1.B.Jayaraj
                  2.M/s. Global Arkitekts Private Limited,
                    Rep. by its Authorised Signatory,
                    Mr.K.Badri Narayan Choudry,
                    No.33, IVth Floor, Rutland Tower,
                    Shafee Mohammed Road,
                    Greams Road Post,
                    Nungambakkam, Chennai – 600 006.                            ... Defendants

                  Prayer : Plaint filed under Order IV Rule 1 of the Original Side Rules r/w
                  Order VII Rule 1 C.P.C., praying for a direction to the first defendant to
                  specifically perform his part of the contract dated 30.03.2017 by executing
                  sale deed/s in favour of the plaintiff after receiving the balance sale
                  consideration of Rs.80,41,900/- as agreed under the sale agreement dated
                  30.03.2017 or in the alternative, to direct the first defendant to repay the
                  amount of Rs.2,19,58,100/- paid by the plaintiff together with interest at the
                  rate of 18% from the date of the plaint till the date of realization.



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                                                                                    C.S.No.826 of 2018


                                  For Plaintiff      :        M/s. R.Revathy (No appearance)

                                  For Defendants     :        Mr.R.Jayaprakash [D1]
                                                              No appearance for D2



                                                         JUDGMENT

When the matter came up for hearing on 15.06.2022, there was no

representation on behalf of the plaintiff and the matter was posted to

20.06.2022 under the caption 'for dismissal'. On 20.06.2022 also, there was

no representation on behalf of the plaintiff and as such, the matter was

directed to be posted on 28.06.2022 under the same caption 'for dismissal'.

Even today, there is no representation on behalf of the plaintiff. Thus, it

shows that the plaintiff is not interested to prosecute the case any further.

None appears on behalf of the second defendant also.

2. The learned counsel appearing for the first defendant submits

that the first defendant filed an application in A.No.1211 of 2022, to

conduct an enquiry under Section 340 of CPC r/w. Section 195(1)(b) CPC

and take necessary legal action against the plaintiff herein, for committing

an offence punishable under Section 193 of IPC. The said application was

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

C.S.No.826 of 2018

served on both the plaintiff and the second defendant. After receipt of the

application, the plaintiff failed to appear before this Court.

3. Hence, the Civil Suit is dismissed for non-prosecution. No

costs. Consequently, connected applications are closed.

28.06.2022

Sni

To

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

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

C.S.No.826 of 2018

KRISHNAN RAMASAMY.J.,

Sni

C.S.No.826 of 2018

28.06.2022

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