M/S.Sri Adinath Enterprises vs Mr.Aashish Surana
2023 Latest Caselaw 3246 Mad

                                                                          C.S.No.91 of 2022

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED : 27.03.2023

                                                  CORAM:

                                  THE HONOURABLE Mr. JUSTICE S.SOUNTHAR

                                         C.S(Comm. Div.)No.91 of 2022


               M/s.Sri Adinath Enterprises
               A Partnership firm registered under the
               Partnership Act, 1932, represented by its
               Partner, Hemant Mehta, having it is office at
               Old No.181, New No.4,
               Kodambakkam High Road,
               Nungambakkam,
               Chennai – 600 034.                                       ...Plaintiff


                                                     Vs.

               Mr.Aashish Surana
               Residing at No.42, Rajendra Prasad Road,
               Nehru Nagar, Chrompet, Chennai – 600 044.
               Also at 1st Floor, Club Aurum Building,
               No.92, Thirumudivakkam Main Road,
               Thirumudivakkam, Chennai – 600 132.                      ... Defendant



               PRAYER: This Civil Suit is filed under Order IV Rule 1 of Original Side
               Rules and Order VII Rule 1 of Code of Civil Procedure, 1908 and Section 7
               read with Section 12 of the Commercial Courts, Commercial Division,


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https://www.mhc.tn.gov.in/judis
                                                                                  C.S.No.91 of 2022

               Commercial Appellate Division of High Court Act, 2015; praying to pass the
               judgment and decree:-


                         a) directing the Defendant to immediately pay the total outstanding
               amount of Rs.1,44,00,000/- (Rupees One Crore Forty Four Lakhs Only) to
               the Plaintiff, wherein Rs.1,00,00,000/- (Rupees One Crore Only) is the
               Outstanding Principal Amount and Rs.44,00,00/- (Rupees Forty Four Lakhs
               Only) is the Interest Amount calculated @ 24% Per annum till 31st March,
               2021 along with future interest @ 24% per annum payable on the balance
               outstanding principal amount of Rs.1,00,00,000/- from the date of Plaint till
               date of realization;
                         b) directing the Defendant to pay the entire costs of the Suit



                                  For Plaintiff    :   No appearance




                                                   JUDGMENT

It is seen from the record, when the matter was posted before the

Master on 2.02.2023, the learned counsel for the applicant represented before

the Master that the matter was settled out of Court and hence, he did not want

to complete the service on the defendant. Therefore, the process to defendant

was closed by the learned Master on 02.02.2023.

https://www.mhc.tn.gov.in/judis C.S.No.91 of 2022

2. When the matter was taken up for hearing before this Court on

23.03.2023, there was no representation for the plaintiff. Hence, in order to

give an opportunity to the plaintiff, the Registry was directed to list the

matter today (27.03.2023) under the caption for “dismissal”. Even today,

there is no representation for the plaintiff. Hence, the suit is dismissed for

default. No costs.

27.03.2023

nti Index:Yes/No Speaking Order: Yes/No

https://www.mhc.tn.gov.in/judis C.S.No.91 of 2022

S.SOUNTHAR, J.

nti

C.S(Comm. Div.)No.91 of 2022

27.03.2023

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