G. Gengava Rajan vs Chennai Metropolitan ...
2023 Latest Caselaw 11087 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                    DATED: 23.08.2023

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                   C.S. No.1184 of 2009
                     G. Gengava Rajan                                               ...Plaintiff

                                                    vs
                     1. Chennai Metropolitan Development
                       Authority
                       No.1, Gandhi Irwin Road
                       Egmore, Chennai – 600 008
                       Rep by its Member Secretary

                     2. The Chief Admn. Officer,
                        Market Management Committee
                       CMDA
                       Koyambedu Wholesale Market Complex,
                       Chenna – 92                                             ..Defendants

                     Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with

                     Order VII Rule 1 of the Civil Procedure Code praying for a judgment and

                     decree for the following reliefs:-

                                  a) Directing the defendant to pay Rs.2,10,87,113/- (Rupees Two

                     Crores Ten Lakhs Eighty Seven Thousand One Hundred and Thirteen only)


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https://www.mhc.tn.gov.in/judis
                     which inclusive of the Principal sum of Rs.1,55,72,993/- and Rs.55,14,120/-

                     (Rupees Fifty Five Lakhs Fourteen Thousand One Hundred and Twenty

                     only ) towards interest at the rate of 18% per annum upto 20.11.2009,

                     together with further interest on the principal sum of Rs.1,55,72,993/- at the

                     rate of 18% per annum from this date till the date of realization.

                                  b)     Declaring that the notice dated 02.11.2009 Ref.Ltter

                     No.MMC/KWMC/DB/832/2006                         issued by the defendants as illegal,

                     invalid.

                                  c) to pay the costs of the suit.

                                        For Plaintiff        : No appearance
                                        For Defendants       : Set exparte on 02.01.2017



                                                          JUDGMENT

On 14.08.2023, the learned counsel for the plaintiff has reported no

instructions from the plaintiff. Hence, the Registry was directed to print the

name of the plaintiff in the cause-list on 22.08.2023.

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

2. Eventhough the name of the plaintiff was printed in the cause-list,

the plaintiff did not appear and the matter was ordered to be posted under

the caption, 'for dismissal' on 23.08.2023.

3. Even today (23.08.2023), when the matter is taken up for

consideration, the plaintiff has not appeared in person. Hence, the Civil Suit

is dismissed for non-prosecution. No costs.

23.08.2023

gv

https://www.mhc.tn.gov.in/judis A.A.NAKKIRAN,J.

gv

C.S. No.1184 of 2009

23.08.2023

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