T Selventhiranathan J:

On 2 August 2001, when encls. (11) and (13) (the notices in Form 63 of Appendix A to the Rules of the High Court 1980 ("the Rules") to attend the pre-trial conference of this case filed by the plaintiff and the defendant pertaining to the claim and counterclaim respectively) came on for continued hearing, I made the following order after hearing the learned counsel appearing for the parties:

Court: This is a proper case for the court to exercise its powers under Order 34, rule 7 of the Rules of the High Court 1980 owing to clear documentary proof in the form of letters (and admission by counsel for the defendant of failure to respond thereto) of the uncooperative attitude of the defendant which resulted in its failure to comply with the court's directions of the 1st March 2001, which directions were repeated by the senior assistant registrar on the 6th June 2001.

I therefore accordingly order that the defence and counterclaim be dismissed and that judgment be entered for the plaintiff as per its claim with costs as I am of the view that such an order against the defendant, which has been the defaulting party here, will meet the ends of justice.

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