M/S.Thai Clothing, Rep. By Its v. M/S.Melwani Apparel,Sdn,Bhd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.253 of 2011 M/s.Thai Clothing, rep. by its partners 1.Messrs. C.Chockalingam, (Deceased) Managing Partner 2.Senthilnathan, Partner 3.S.Sundar, Partner Carrying on business at 12-A/27, Umayal Road, Kilpauk, Chennai - 10.

[2nd plaintiff is recorded as legal representative of the deceased 1st plaintiff as per the order dated 19.08.2015 in A.No.5167 of 2015] ... Plaintiffs

Versus

1.M/s.Melwani Apparel, SDN, BHD, rep. by its Proprietor, Lechman Melwani, 734 156 X Suite 19-01 Level 19th Kumpleks, Antarabangsa, Jalan Sultan Ismail 50250 Kuala Lumpur.

2.Melwani's Apparel (P) Limited.

Rep. by its Proprietor, Lechman Melwani, 1, North Bridge Road, 19-04/05 High Street Centre, Singapore - 179094.

3.Salvadore Valentine SDN,BHD, rep. by its Proprietor, Lechman Melwani, Suite E.5-17 Block E.Plaza Mont Kiare, No.2, Jalan Kiara Mont Kian 50480.

Kuala lumpur, Malaysia.

... Defendants Plaint filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 & 2 of Civil Procedure Code praying to pass a judgment and decree: a)to pay a sum of Rs.97,41,240.26 to the plaintiff; b)to pay interest @ 12% p.a. being the commercial interest on the principal suit claim of Rs. 97,41,240.26 from the date of plaint till date of realization and c)to pay the cost of the suit.

For Plaintiffs : Mr.V.Chokalingham

J U D G M E N T

This suit is one for recovery of a sum of Rs.97,41,240.26/-, on the basis of various invoices under which the plaintiff has exported various garments to the defendants 1 to 3 who are at Kualalumpur and Singapore.

2. The defendants who had not entered appearance, were set exparte on 11.11.2016. On 28.11.2016, the matter was listed before the learned Additional Master for recording evidence.

3. One Mr.C.Senthilnathan, who is the partner of the plaintiff M/s.Thai Clothing has been examined as P.W.1. He has produced Exs.P1 to P5 documents to show that the plaintiff is a registered Firm and that it is also involved in Import and Export as well as Foreign Trade.

4. He has filed the proof affidavit stating the transactions between the plaintiff and the defendants 1 to 3. Invoices under which the goods were sent has been filed as Ex.P7 to P10 (series). Those invoices and the shipping bills viz., Ex.P11 to P25 are the proof for the supply of goods by the plaintiff to the defendants on various dates mentioned therein.

5. The Exs.P26 to P36 are various E-mail correspondence between the parties. It is seen from Ex.P29 that the defendants have promised settlement of the pending amounts through Indian Overseas Bank, Chennai. Ex.P45 is the statement of accounts showing the outstanding dues from the defendants 1 to 3 to the plaintiff.

6. The above documents establish the genuineness of the transaction and the case of the plaintiff that the defendants are due and liable to pay a sum of Rs.97,41,240.26/-.

7. Hence, the suit is decreed as prayed for with costs. 08.12.2017 dsa List of the witnesses examined on the side of the plaintiff :

PW1 - Mr.C.Senthilnathan List of Exhibits marked on the side of the plaintiff: Ex.P1 Xerox copy of the Partnership Deed executed between the above three partners.

19.05.2006 Ex.P2 Xerox copy of the Certificate of Registration of Partnership registered as document No.729.

21.07.2006 Ex.P3 Xerox copy of the certificate of Import and Export, Foreign Trade, Chennai issued by Director General of Foreign Trade, Chennai.

21.09.2006 Ex.P4 Xerox copy of the Import and Export licence No.0430004175/5/1100 issued to the plaintiff firm by Joint Director-General of Foreign Trade, Chennai.

04.10.2006 Ex.P5 Xerox copy of the registration certificate of Membership, by the Apparel Export Promotion Council, Chennai.

01.09.2006

Ex.P6 Sanction Advice - Credit facility by the Indian Overseas bank, Chennai.

08.08.2006 Ex.P7 Purchase order in P.O.No.MEL/01030/IND/003 for Garments as detailed therein for total value in USD 300145-00.

23.04.2007 Ex.P8 (series) 6 Nos. of invoices JBA/004, 005, 013, 014, 015, 016/07-08 sent to the 1st defendant by plaintiff.

19.04.2007 to 19.06.2007 Ex.P9 (series) 7 Nos. of invoices JBA/006, 007, 008, 009, 010, 011, 012/07-08 sent to the 2nd defendant by the plaintiff.

17.05.2007 to 25.05.2007 Ex.P10 2 Nos. of invoices JBA 019/07-08 and JBA 20/07-08 sent to the 3rd defendant by the plaintiff.

26.09.2007 Ex.P11 Air Shipping Bill JBA 004/07-08.

19.04.2007 Ex.P12 Air Shipping Bill JBA 005/07-08.

20.04.2007 Ex.P13 Air Shipping Bill JBA 013/07-08.

14.06.2007 Ex.P14 Air Shipping Bill JBA 014/07-08.

14.06.2007 Ex.P15 Air Shipping Bill JBA 015/07-08.

16.06.2007 Ex.P16 Air Shipping Bill JBA 016/07-08.

19.06.2007 Ex.P17 Air Shipping Bill JBA 006/07-08.

17.05.2007 Ex.P18 Air Shipping Bill JBA 007/07-08.

19.05.2007 Ex.P19 Air Shipping Bill JBA 008/07-08.

21.05.2007 Ex.P20 Air Shipping Bill JBA 009/07-08.

22.05.2007 Ex.P21 Air Shipping Bill JBA 010/07-08.

23.05.2007 Ex.P22 Air Shipping Bill JBA 011/07-08.

24.05.2007 Ex.P23 Air Shipping Bill JBA 012/07-08.

25.05.2007 Ex.P24 Air Shipping Bill JBA 19/07.

26.09.2007 Ex.P25 Air Shipping Bill JBA 20/07.

26.09.2007 Ex.P26 The plaintiff's letter by G-Mail 286/511 to the 16.06.2007

1st defendant.

Ex.P27 Letter by G-Mail (message) 283/511 to the 1st defendant.

18.06.2007 Ex.P28 The plaintiff's letter to the 1st defendant.

12.07.2007 Ex.P29 Reply to the plaintiff with copies of letters promising settlement of payment to Indian Overseas Bank, Chennai.

31.07.2007 Ex.P30 The plaintiff's G-Mail letter 230/511 to the 1st defendant.

15.08.2007 Ex.P31 The plaintiff's G-Mail with regard to Debit Note 228/51 of the 1st defendant.

16.08.2007 Ex.P32 The plaintiff's G-Mail letter 216/511 to the 1st defendant.

19.08.2007 Ex.P33 The plaintiff's G-Mail letter 205/511 to the 1st defendant.

25.08.2007 Ex.P34 The plaintiff's letter to the 1st defendant.

15.10.2007 Ex.P35 The plaintiff's G-Mail letter 133/511 to the 1st defendant.

23.10.2007 Ex.P36 The plaintiff's G-Mail letter 123/511 to the 1st defendant.

16.11.2007 Ex.P37 The 1st defendant's Debit Note sent to the plaintiff for USD 55484.

07.01.2008 Ex.P38 The 1st defendant's letter enclosing 4 post dated cheques for Rs.9,55,990/- drawn on HSBC Bank.

09.01.2008 Ex.P39 The plaintiff's G-Mail letter to the 1st defendant.

29.01.2008 Ex.P40 The plaintiff's G-Mail letter to the 1st defendant.

29.01.2008 Ex.P41 The plaintiff's G-Mail letter to the 1st defendant.

12.02.2008

Ex.P42 The plaintiff's Lawyer's notice of Demand issued by M/s.Amaresan and Meera, Advocates, Kuala Lumpur, Malaysia to the 1st 14.07.2008 defendant.

Ex.P43 The plaintiff's G-Mail letter to the defendants. 25.09.2008 Ex.P44 Notice to the 1st and 2nd defendants issued by the High Commission of India, Kuala Lumpur, Malaysia on behalf of the plaintiff.

09.12.2008 Ex.P45 Statement of Accounts showing the outstanding due by the defendant's 1 to 3 to the plaintiff firm.

-- 08.12.2017 dsa Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order

R.SUBRAMANIAN, J.

dsa C.S.No.253 of 2011 08.12.2017