Benaka Minerals Trading P Ltd v. M.V.Rajendra Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24 / 08 / 2020

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ M/s.Benaka Minerals Trading (P) Ltd., No.1/3, Appavoo Apartments, Venus Colony 2nd Street, Alwarpet, Chennai - 600 018.

Rep. By its Authorized Signatory and CEO M.S.Ravishankar ..

Plaintiff

Versus

W.V.Rajendra Prasad Sole Proprietor M/s.R.S.Exports "WVN" Manor, II Floor, 62/138, Santhome High Road, Chennai - 600 004.

..

Defendant PRAYER: Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 CPC with a prayer to pass a judgment and decree against the defendant (a) for a sum of Rs.56,15,730/- together with interest @ 10% per annum from the date of this plaint till the date of realization in full; (b) for the cost of the suit.

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For Plaintiff :

Mr.S.Vasudevan For Defendant :

Mr.M.V.Rajendra Prasad

J U D G M E N T

The plaintiff filed the suit for recovery of money for a sum of Rs.56,15,730/- together with interest @ 10% per annum from the date of plaint fill the date of realisation.

2. The matter was posted before the Undefended Board and the defendant was set exparte on 25.10.2018.

3. The plaintiff is an Importer, Exporter and Trader of Coal, Iron Ore and Limestone. The defendant is also a Trader of Coal and Iron Ore. At the request of the defendant, plaintiff sold and delivered 11,478.62 MTS of Coal between May 2012 and September 2012 for the total value of Rs.4,43,41,765/- . The purchase orders were marked as Exs.P2, 11, 39 and

40. The invoices with regard to purchase were marked as Exs.P3 to 10, 12 to 14, 16 to 19 and 21 to P28. The defendant has made part payments and the 2/7

plaintiff sent reminders to the defendant, which were marked as Ex.P36. The post-dated cheques given by the defendant were returned by the plaintiff through a letter dated 13.03.2013 including 31 cheques as the defendant did not have sufficient balance in his account. The said letter dated 13.03.2013 is marked as Ex.P29.

4. It appears that the defendant's accounts were frozen and the Indian Overseas Bank, Coimbatore Main Branch withdrew and returned the Letter of Credit to the defendant. The letter dated 10.04.2013 addressed to the defendant by the UCO Bank was marked as Ex.P30. The defendant has sent a stock position vide letter dated 20.04.2013 which is marked as Ex.P32. After setting off the Coal, the balance amount was computed as Rs.53,27,175/-. The acknowledgment of liability through e-mails by defendant to the plaintiff is marked as Ex.P37 series.

5. Since the defendant failed to pay money inspite of repeated of demands made by the plaintiff, and in view of the acknowledgment of liability, vide Ex.P37 series, this Court is of the considered opinion that the 3/7

plaintiff has proved his claim. The suit is decreed in favour of the plaintiff and the plaintiff is entitled to recover a sum of Rs.56,15,730/- together with interest at the rate of 10% per annum from the date of plaint till the date of decree and the plaintiff is further entitled to interest @ 6% per annum from the date of decree till the date of realization.

6. Accordingly, the suit is decreed in the above terms. No costs. 24 / 08 / 2020 Index : Yes/No Internet : Yes/No TK LIST OF WITNESSES EXAMINED P.W.1 - Mr.A.Anthony (Exparte evidence) 4/7

LIST OF EXHIBITS MARKED SL.

No.

Description of Documents Date Ex.P1 Original Authorisation letter 17/7/2018 Ex.P2 Copy of Purchase Order from defendant to plaintiff 22/5/2012 Ex.P3 Copy of Invoice from plaintiff to defendant 26/5/2012 Ex.P4 Copy of Invoice from plaintiff to defendant 29/5/2012 Ex.P5 Copy of Invoice from plaintiff to defendant 30/5/2012 Ex.P6 Copy of Invoice from plaintiff to defendant 31/5/2012 Ex.P7 Copy of Invoice from plaintiff to defendant 31/5/2012 Ex.P8 Copy of Invoice from plaintiff to defendant 4/6/2012 Ex.P9 Copy of Invoice from plaintiff to defendant 5/6/2012 Ex.P10 Copy of Invoice from plaintiff to defendant 6/6/2012 Ex.P11 Copy of Purchase Order from plaintiff to defendant 6/6/2012 Ex.P12 Copy of Invoice from plaintiff to defendant 9/6/2012 Ex.P13 Copy of Invoice from plaintiff to defendant 11/6/2012 Ex.

P14 Copy of Invoice from plaintiff to defendant 13/6/2012 Ex.P15 E-mail copy of Purchase Order from defendant to plaintiff 12/7/2012 Ex.P16 Copy of Invoice from plaintiff to defendant 24/7/2012 Ex.P17 Copy of Invoice from plaintiff to defendant 31/8/2012 Ex.P18 Copy of Invoice from plaintiff to defendant 4/9/2012 Ex.P19 Copy of Invoice from plaintiff to defendant 6/9/2012 Ex.P20 Office copy of Letter from plaintiff to defendant enclosing cheque 6/9/2012 Ex.P21 Copy of Invoice from plaintiff to defendant 10/9/2012 Ex.P22 Copy of Invoice from plaintiff to defendant 11/9/2012 Ex.

SL.

No.

Description of Documents Date Ex.P24 Copy of Invoice from plaintiff to defendant 14/9/2012 Ex.P25 Copy of Invoice from plaintiff to defendant 17/9/2012 Ex.P26 Copy of Invoice from plaintiff to defendant 20/9/2012 Ex.P27 Copy of Invoice from plaintiff to defendant 24/9/2012 Ex.P28 Copy of Invoice from plaintiff to defendant 29/9/2012 Ex.P29 Copy of letter from plaintiff to defendant 13/3/2013 Ex.P30 Photo copy of letter from UCO Bank to defendant 10/4/2013 Ex.P31 Letter of demand enclosing confirmation of balance as on 31.3.2013.

15/4/2013 Ex.P32 Copy of letter from defendant to plaintiff 20/4/2013 Ex.P33 Original Board Resolution of plaintiff 18/6/2013 Ex.P34 Copy of legal notice from plaintiff's counsel to defendant with Acknowledgement card.

25/6/2013 Ex.P35 Original Reply from defendant's counsel to plaintiff's counsel 9/7/2013 Ex.P36 Series (31 Nos.) E-mail of Letter of demand from the plaintiff to defendant From 31/8/2013 to 8/6/2013 Ex.P37 Series (16 Nos.) E-mails Acknowledgement of liability from defendant to plaintiff From 16/7/2012 to 25/6/2013 Ex.P38 Series (63Nos) E-mail Negotiations from 3/9/2012 to 8/7/2013 between plaintiff and defendant --- Ex.P39 E-mail enclosing copy of purchase order from defendant to plaintiff 24/7/2012 Ex.P40 E-mail copy of Purchase order 7/9/2012 Ex.P41 65-B Certificate of Indian Evidence Act, 1872 for Ex.P36 to Ex.P40 --- 6/7

M.GOVINDARAJ, J.

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