Tata Consu vs M/S, Front

Tata Consulatancy Services Ltd Vs M/S, Frontline Corporation Ltd

Case Details

Case Type	SMST S
Filing Number	15/2014
Registration Number	15/2014
Filing Date	31-07-2014
Registration Date	31-07-2014

First Hearing Date	21st August 2014
Decision Date	16th February 2016
Case Status	Case Disposed
Court Number and Judge	3-Principal Senior Civil Judge;
Nature of Disposal	Contested--Allowed;

Petitioners & Respondents

Petitioner

Tata Consulatancy Services Ltd, ;

Petitioner Advocate

S J Thaker;

Respondent Name

M/S Frontline Corporation Ltd;

Respondent Advocate

A K Trivedi;

Order Details

Order not found.

Final Order Judgement

Order Date

16-02-2016

1 Summary Suit (S) No. 15 / 2014 Received on : Registered on : Decided on : Duration : D. M. Y. IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, GANDHINAGAR. Special Summary Suit No. 15 of 2014 Exh. No._____ Plaintiff : Tata Consultancy Service Limited A company incorporated under the Companies Act, 1956 having its Corporate Office at TCS House, Ravaline Street, 21, D S Marg, Fort, Mumbai 400 001. Versus Defendant : M/s. Fortune Corporation Limited A public limited company incorporated under the Companies Act, 1956 having its office at 4, BBD Baug (East), F17, Stephens House, Room No.5, 1st Floor, Kolkatta700001. (Summons to be served at the Corporate Office, 4th Floor, Shalin Building, Nehrubridge Corner, Ashram Road, Ahmedabad – 380 009) Appearance: Mr. Sanjeev J. Thaker L.A. for the Plaintiff Mr. A K Trivedi L.A. for the Defendant [1] The plaintiff company has filed this Summary Suit Principal Senior Civil Judge, Gandhinagar 2 Summary Suit (S) No. 15 / 2014 against defendant company and claimed Rs.31.92,000/ with interest @ 1.5 % per month from date of 24.06.2014 till realization of entire amount. As this is a summary suit, the summons under form no.4 has been issued to defendant company and defendant company appeared before the court through its authorised signatory on 16.10.2014. [2] The defendant company though appeared before the court, but failed to appear after that. The plaintiff company has filed its summons for judgment vide Exh.16, against which the defendant company has been given adjournment, but the record and proceedings shows that defendant company has not filed its Leave to Defend application till today. [2.1] I have already ready and referred the contents narrated by plaintiff company in its summons for judgment. I have also gone through the documentary evidences produced by plaintiff company vide the list at Exh.3. It is a fact on record that after appearance by defendant company, the summons for judgment is filed on behalf of plaintiff company. However, no Leave to Defend came to be filed on behalf of defendant company. In this reference subRule 6(A) of Principal Senior Civil Judge, Gandhinagar 3 Summary Suit (S) No. 15 / 2014 Rule3 of Order37 of CPC requires to be taken into account. According to Rule 6(A) of Rule3 of Order37 of CPC, it is clearly described that “If the defendant has not applied for Leave to Defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith”. Here in case on hand, the defendant company has not applied for Leave to Defend the suit of plaintiff company; and therefore, under above referred provision of CPC, the plaintiff company is entitled to final judgment forthwith, as it claimed in the suit. Therefore, the suit is required to be granted; and hence, granted accordingly by passing following final order: // O R D E R \\ 1. This Suit of plaintiff bearing Special Summary Suit No.15/2014 is hereby allowed. 2. The plaintiff company do recover Rs.31,92,000/ from defendant company with interest @ 1.5% per month from date 24.06.2014 till its realization. 3. The defendant company to bear its cost Principal Senior Civil Judge, Gandhinagar 4 Summary Suit (S) No. 15 / 2014 and shall pay cost of the suit to plaintiff company. 4. Decree to be drawn up, accordingly. Signed and pronounced in the open Court on this 16th day of February, 2016. Date: 16/02/2016 (Chaitanya. R. Barot) Gandhinagar GJ00352 Principal Senior Civil Judge Gandhinagar //VBModi// Principal Senior Civil Judge, Gandhinagar

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Frequently Asked Questions

The Petitioner in case Tata Consulatancy Services Ltd vs M/S, Frontline Corporation Ltd is Tata Consulatancy Services Ltd.

The Respondent in case Tata Consulatancy Services Ltd vs M/S, Frontline Corporation Ltd is M/S, Frontline Corporation Ltd.

The case against M/S, Frontline Corporation Ltdwas filed on 31-07-2014 by Tata Consulatancy Services Ltd.

The status of case Tata Consulatancy Services Ltd against M/S, Frontline Corporation Ltd is Case Disposed.