B.M.Sanitations (P) Ltd., v. M/S.East Coast Constructions
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 01.12.2016
CORAM
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CS.No.364/2015 B.M.Sanitations [Private] Limited rep.by its Managing Director Mr.B.Murali Flat B-2, Thiruvallurvar Kudil No.2, Brindavan Street, West Mambalam, Chennai 600033.
.. Plaintiff
Versus
M/s.East Coast Constructions and Industries Ltd represented by its Managing Director No.4, Moors Road, Chennai 600 006.
.. Defendant Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 and 2 CPC.
For Plaintiff :
Mr.M.Kosala Raman For Defendant :
No appearance
JUDGMENT
The suit has been laid for recovery of a sum of Rs.44,15,751/- along with interest.
The plaintiff is a Sub-Contractor of the defendant. The plaintiff is dealing with sanitation and plumbing work. The defendant has issued a Work Order / Service Order dated 23.12.2009 under Ex.P.2. This was followed by the original Letter dated 14.06.2011 under Ex.P.3. As the plaintiff has concluded his part to the contract, payment has been sought for from the defendant, who has received his payment from the Government. As the said amount was not forthcoming, the plaintiff issued two Legal Notices dated 21.12.2013 and 23.01.2014 respectively under Exs.P.11 and 13. These notices have been acknowledged. One more Legal Notice dated 10.12.2014 was issued under Ex.P.15. Thus, after exhausting the procedure, the present suit has been laid. Despite notice having been served, the defendant did not come forward to file any written statement.
Accordingly, he was set ex-parte on 07.12.2015. Even today, there is no representation, though the name of the defendant is printed in the Cause List. On behalf of the plaintiff, the Managing Director has been examined as P.W.1. Exs.P.1 to 17 have been marked.
Considering the above said documents and in the light of the averments made in the plaint, which are not controverted, this Court is of the view that the suit is liable to be decreed, in particular, when the defendant has not chosen to contest the same. Accordingly, the suit is decreed as prayed for. 01.12.2016 Plaintiffs' side Exhibits:- Ex.P.1 18.12.2014 Board Resolution Ex.P.2 23.12.2009 Work Order/Service Order issued by the defendant.
Ex.P.3 14.06.2011 Letter sent by the defendant to the plaintiff.
Ex.P.4 Minutes of Meeting between the plaintiff and the defendant Ex.P.5 30.06.2011 Final Bill/Abstract raised by the plaintiff to the defendant Ex.P.6 29.07.2011 Letter by the defendant to the plaintiff Ex.P.7 07.12.2011 Letter sent by the plaintiff to the defendant with acknowledgment [original] Ex.P.8 24.12.2011 Letter sent by the defendant to the plaintiff Ex.P. 9 07.12.2011 Reply sent by the plaintiff to the defendant Ex.P.10 29.12.2011 Courier Receipt of reply letter dated 07.12.2011
Ex.P.11 21.12.2013 Legal notice issued by the plaintiff's Lawyer to defendant Ex.P.12 30.12.2013 Acknowledgment Card Ex.P.13 23.01.2014 Reminder notice sent by the plaintiff's lawyer to the defendant Ex.P.14 05.02.2014 Acknowledgment Card Ex.P.15 10.12.2014 Legal notice issued by the plaintiff's lawyer to the defendant Ex.P.16 15.12.2014 Acknowledgment Card Ex.P.17 22.12.2014 Statement of Accounts.
Plaintiff's side witness:- P.W.1 Mr.B.Murali Defendant's side Exhibits:- Nil Defendant's side witness:- Nil Index : Yes / No Internet : Yes / No
M.M.SUNDRESH, J., CS.No.364/2015 01.12.2016
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