S.M.Vimalraj v. Mr.S.M.Vimalraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.17 of 2014 M/s.N.M.Construction, Rep. by its Proprietor, Mr.N.Manoharan, No.60, Krishna Nagar, 6th Street, Virugambakkam, Chennai - 600 092.

... Plaintiff Vs.

S.M.Vimalraj ... Defendant Plaint filed under Order VII Rule 1 of C.P.C. read with Order IV Rule 1 of High Court Original Side Rules praying to pass a judgment and decree directing the defendant:

(a) to pay the plaintiff a sum of Rs.25,02,877/- along with interest at 18% per annum on the said sum from the date of filing the suit till the date of realization and (d) for costs of the suit.

For Plaintiff : Mr.J.Jayabalan For defendant : Mr.S.Anil Sandeep

J U D G M E N T

The parties have filed a joint memo of compromise setting out the schedule of payments. The joint memo of compromise is recorded and there will be a decree in terms of the join memo of compromise. The joint memo of compromise will also form part of the decree. However, there will be no orders as to costs in the suit.

Index : No Internet : Yes Non-speaking Order List of the witnesses examined on the side of the plaintiff :

PW1 - Mr.N.Manoharan List of Exhibits marked on the side of the plaintiff: Sl.

No.

Exhibits Description Dated Ex.P1 True copy of the Quotation for construction work at Alapakkam site.

10.06.2012 Ex.P2 True copy of the Statement for complete work as on 15.11.2012.

15.11.2012 Ex.P3 True copy of the Statement giving details of change in work from the plaintiff to the defendant.

07.01.2013 Ex.P4 True copy of the Bill for construction work.

21.01.2013 Ex.P5 Office copy of the Letter.

01.02.2013

Sl.

No.

Exhibits Description Dated Ex.P6 Original reply notice from defendant's counsel to plaintiff.

14.02.2013 Ex.P7 series Original Statement of account along with bills from the plaintiff to the defendant.

01.03.2013 Ex.P8 Notice from the plaintiff's counsel to the defendant.

06.03.2013 Ex.P9 (12 sheets) Bank account statement from 01.08.2012 to 31.03.2013.

-- Ex.P10 (3 sheets) Bank account statement - Axis Bank from 01.11.2012 to 31.01.2013.

-- List of the witnesses examined on the side of the defendant :

PW1 - Mr.S.M.Vimalraj List of Exhibits marked on the side of the defendant: Sl.

No.

Exhibits Description Dated Ex.D1 series Vouchers, Invoice, Receipt and Weighment certificate etc.

04.03.2012 to 25.09.2012 Ex.D2 series Vouchers, Cash Bill, Tax Invoice etc., 05.02.2013 to 20.10.2013

R.SUBRAMANIAN, J.

C.S.No.17 of 2014