M/S.Alpha Commercials vs /
2024 Latest Caselaw 4851 Mad

Madras High Court

M/S.Alpha Commercials vs / on 1 March, 2024

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                                C.S. No.98 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED 01.03.2024

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               C.S. No.98 of 2013

                     M/s.Alpha Commercials,
                     represented by its Authorised person S.Srinivasan      .. Plaintiff

                                                     /versus/

                     1.A.M.Farook

                     2.M/s.A.K.R.Viyapaar Ltd.,
                       represented by its Managing Director
                       A.M.Farook

                     3.M/s.A.K.R.Infrastructure Ltd.,
                       rep. by its Director Nagoor Mohideen

                     4.M/s.Allied Estates,
                       represented by its Managing Partner
                       A.M.Farook

                     5.Nishat Fathima

                     6.Mohammed Ghazali                                     .. Defendants

                     Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original
                     Side Rules read with Order VII Rule 1 of Code of Civil Procedure to pass
                     a judgment and decree:


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                                                                                             C.S. No.98 of 2013

                                  a)directing the defendants to execute the sale deed and cause the
                     registration of the sale deed for the property mentioned in the schedule,
                     in accordance with the sale agreement dated 07.10.2009 within the time
                     stipulated by this Court;
                                  b)In the event of default by the defendants in complying the orders
                     of this Court as prayed above appoint an Office of this Court to cause
                     registration of the sale deed for the schedule mentioned property after
                     paying the stamp duty and registration charges for execution;
                                  c)If for any reason the main relief for specific performance is not
                     granted direct the defendants to refund a sum of Rs.7 crores with interest
                     at 24% per annum from the date of the plaint till realisation of the same;
                                  d)directing the defendants to pay the costs of the suit.


                                        For Plaintiff       : Mr.T.Dhanasekaran


                                        For defendant       : Mr.K.Sakthivel for D5 & D6


                                                            D1 to D4 - exparte


                                                        JUDGMENT

The matter is listed under the caption 'for dismissal' today. As seen

from the earlier proceedings, the learned counsel for the plaintiff has

been repeatedly seeking adjournments. Even today, he is not ready. It can

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now be inferred that the plaintiff is not interested in prosecuting the suit.

Accordingly, this suit is dismissed for non prosecution. No costs.

01.03.2024 vga

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

ABDUL QUDDHOSE, J.

vga

01.03.2024

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