KAMACHI INDUSTRIES LTD REPRESENTED BY ITS OFFICE EXECUTIVE LEGAL Vs. GEETHA SAI ENERGY SOLUTION PVT LTD

JUDGEMENT

(1.) The aforesaid application i.e., A.No.7229 of 2018 has been taken out under order XIII-A of 'The Code of Civil Procedure, 1908' ('C.P.C.' for brevity) as amended by 'The Commercial Courts Act, 2015' ('said Act' for brevity) with a prayer for summary judgment.

(2.) Mr.K.Mahalingam, learned counsel on record for the sole plaintiff is before this Commercial Division and learned counsel requested that a summary judgment in the main suit itself may please be passed, as the defendant has no real prospects of successfully defending the claim and that there is no other compelling reason as to why the claim of the plaintiff should not be disposed of before recording oral evidence.

(3.) In support of his aforesaid submission, learned counsel pointed out that the sole defendant has been duly served with suit summons on 01.03.2017, but had not chosen to either enter appearance through a counsel or come before this court in any other manner. It is also pointed out that, thereafter the sole defendant was set ex-parte on 05.02.2018. Though obvious, it is also brought to my notice that sole defendant has not filed any written statement.