Mr.Vishal Kumar Sethia v. M/S.Ccs Infotech Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2016
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH C.S.No.204 of 2015 and A.No.2013 of 2015 Vishal Kumar Sethia rep. By his POA Vikas Sethia, Proprietor, M/s.Sethia Infotech, No.2/6, Nrasingapuram Street, Mount Road, Chennai - 2.
... Plaintiff Vs M/s.CCS Infotech Limited rep. by its Managing Director having its registered office at CCS Tower, 14, Periyar Road, T.Nagar, Chennai - 17.
... Defendant Plaint filed under Order Order IV Rule 1 of the Original Side Rules r/w Order VII Rule 1 C.P.C. .
For Plaintiff : Mr.Praveen Sethia for M/s.K.G.Vasudevan For Defendant : set exparte
JUDGMENT
The suit has been laid for the following reliefs: (i)to direct the defendant to pay a sum of Rs.47,12,700/- claimed by the plaintiff in the following manner: (a)Rs.26,14,250/- being the principal amount due and payable by the defendant towards supply of goods to the defendant company on running credit basis; (b)Rs.20,98,450/- being the interest at the rate of 24% p.a., on Rs.26,14,250/- from 16.12.2011 to till 16.01.2015;
(ii)to direct the defendant to pay further interest on Rs.26,14,250/- from the date of plaint till the date of recovery of the amount due at the rate of 24% p.a. On the amount due;
(iii)to pay the cost of the suit;
2.Learned counsel appearing for the plaintiff submits that the amount as claimed is liable to be paid by the defendant as per Exs.P2 to P4, which are the invoices, pursuant to the supply of goods.
Thereafter, legal notice - Ex.P6 was issued. Exs.P7 and P8 are the reply notices and rejoinder notices issued. Therefore, in view of the same, the learned counsel submits that the suit will have to be decreed.
3.The defendant was set exparte by order dated 07.03.2016. The said position continues as of now. Accordingly, considering the pleadings and the evidence of the plaintiff as P.W.1 and after consideration of Exs.P1 to P5, this Court is of the view that the suit is liable to be decreed. Accordingly, the suit stands decreed. No costs. Consequently, connected application is closed. 08.11.2016 mmi Exhibits marked on the side of the Plaintiff: Ex.P1 - Photocopy of the General Power of Attorney Deed in favour of P.W.1 registered as Doc.No.35 of 2013 on the file of SRO, Sowcarpet.
Ex.P2 - Photocopy of the invoice dated 16.12.2011 bearing Invoice
No.1012.
Ex.P3 - Photocopy of the invoice dated 22.11.2011 bearing Invoice No.1012.
Ex.P4 - Photocopy of the Invoice dated 03.01.2012 bearing Invoice No.1340.
Ex.P5 - Photocopy of the statement of accounts Ex.P6 - Photocopy of the legal notice issued to the defendant with acknowledgment card dated 02.08.2014.
Ex.P7 - Photocopy of the reply notice dated 28.08.2014. Ex.P8 - Photocopy of the rejoinder dated 06.09.2014 Ex.P9 - Photocopy of the returned cover dated 12.09.2014. To The Sub Assistant Registrar, Original Side,High Court, Madras.
M.M.SUNDRESH,J mmi
C.S.No.204 of 2015 08.11.2016 http://www.judis.nic.in