Cac Insurance Company vs /
2023 Latest Caselaw 15009 Mad

Madras High Court

Cac Insurance Company vs / on 27 November, 2023

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                 C.S. No.718 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 27.11.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                  C.S. No.718 of 2019


                     CAC Insurance Company                                    .. Plaintiff

                                                        /versus/

                     Royal Sundaram General Insurance Co. Ltd.                .. Defendant

                     Prayer: Civil Suit has been filed under Order VII, Rule 1 of the Code of
                     Civil Procedure, 1908 read with Section 7 of the Commercial Courts Act,
                     2015 to (a) pass a judgment and decree directing the defendant to pay the
                     plaintiff a sum of Rs.1,00,56,469.87 (One Crore Fifty Six Thousand Four
                     Hundred and Sixty Nine Rupees and Eight Seven paise) and pass a
                     judgment and decree directing the defendant to pay the plaintiff further
                     interest @ 15% p.a. from the date of filing of the suit till payment and/or
                     realisation as per the particulars of claim.


                                     For Plaintiff : Mr.K.Mukund Rao
                                                        for M/s.Eswar, Kumar & Rao


                                     For Defendant    : Ms.C.Harini for
                                                        M/s.M.B.Gopalan Associates

https://www.mhc.tn.gov.in/judis
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                                                                                   C.S. No.718 of 2019

                                                                        ABDUL QUDDHOSE, J.

                                                                                                 vga

                                                     JUDGMENT

Learned counsel for the plaintiff submits that despite his best

efforts to contact his client, who is in Yemen, he is unable to do so till

date. The same submission was made by the learned counsel for the

plaintiff on the last hearing i.e. 02.11.2023. The suit is of the year 2019.

This Court has already granted two adjournments for the plaintiff to file a

Draft Case Management Schedule. Despite the same, till date, the

plaintiff has not filed a Draft Case Management Schedule.

2.Since the learned counsel for the plaintiff has expressed his

difficulty in contacting his client, it is clear that the plaintiff is not

interested in prosecuting this suit. Accordingly, this suit is dismissed for

non prosecution. No costs.

27.11.2023 vga

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