Madras High CourtCS/106/2018decreed

Texcel International Private v. Enexio Power Cooling Solutions

2019-07-18Honourable Mr Justice R. Subramanian8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No. 106 of 2018 Texcel International Private Ltd, Represented by its Director R.Mukunthan No. 2 and 3 Sengundram Industrial Area, Near Ford India Limited, Singaperumal Koil, Chengalpattu Taluk - 603 204. ..Plaintiff Vs.

Enexio Power Cooling Solutions India Private Limited., (Formerly GEA Cooling Tower Technologies (India) Pvt. Ltd., Represented by Managing Director Ms.Swarnamugi Karthick No.443, Anna Salai, Guna Building, Teynampet, Chennai - 600 018.

..Defendant Prayer: Plain filed under Order IV Rule 1 of Original Side rules r/w Order VII Rule 1 of C.P.C praying to pay the plaintiff a sum of Rs.2,43,60,987/- (Rupees two crores forty three lakhs sixty thousand nine hundred and eighty seven only) towards materials with further interest at 21% per annum on principal sum of Rs.1,28,15,749/- from the date of plaint till the date of realization and for cost. For Plaintiff : Mr.A.R.Nixon For Defendant : Defendant set exparte on 28.08.2018

O R D E R

The suit is one for recovery of Rs.2,43,60,987/- as due towards the value of supply of the fabricated steel structures by the plaintiff to the defendant over a period of time.

2. According to the plaintiff, pursuant to orders placed by the defendant, the defendant had fabricated and supplied steel structures and had also raised necessary invoices cum delivery charges. Having received the materials, the defendant paid only part of the amounts and failed to pay the entire balance. The list of outstanding invoices would show that a sum of Rs.1,28,15,749/- is due and payable by the defendant towards value of the goods.

3. As per the agreement between the parties, the amount of each invoice is payable within 30 days after the despatch of the materials. For any delay in payment, the defendant is bound to pay 21% per annum towards interest. The plaintiff had come forward with the suit for recovery, since the defendant failed and neglected to pay the balance amount despite repeated demands.

4. Summons in the suit were served on the defendant on 23.02.2018. Since the defendant did not appear to contest the suit, the defendant was set exparte on 28.08.2018 and the suit was listed for evidence before the learned

Additional Master -IV. One S.Saravanan, who working as a Purchase Manager in the plaintiff's firm was examined as P.W.1. He has produced the following documents :- 1.

Ex.P1 Copy of plaintiff registration certificate 16/01/2002 2.

Ex.P2 Office copy of Purchase Order No.GCTX/1549/2013/W01/OA1 and original Invoice No.TIPL/1804, 09/09/2014 & Copy of Delivery challan 16/12/2013 3.

Ex.P3 Series Office copy of Purchase Order No.GCTX/1378/2014/FAB-001, and original Invoice No.TXL/485, dt. 15/11/2014 & copyof Delivery Challan, original Invoice No.TIL/605, dt. 30/06/2015 & copy of Delivery challan 14/05/2014 4.

Ex.P4 Series Office copy of Purchase Order No.GCTX/1621/2014/WO1, and original Invoice No.TXL/483, dt.15/11/2014 & copy of Delivery challan, original In voice No.TIL/832, dt.27/12/2014 & copy of Delivery challan.

09/09/2014 5.

Ex.P5 Series Office copy of Purchase Order No.GCTX/1378/2015/PROJ/011, and original Invoice No.TXL/1166, dt.14/02/2015 & copy of Delivery challan 21/01/2015 6.

Ex.P6 Series Office copy of Purchase Order No.GCTX/1378/2015/017A, and original Invoice No.TIL/503, dt.06/06/2015 & copy of Delivery challan 31/03/2015 7.

No.TIL/1818, dt. 15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1819, dt. 15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1820, dt.14/03/2016 & copy of No.TIL/1821, dt.15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1822, dt.15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1823, dt.15/03/2016 & copy of Delivery challan Ex.P8 Office copy of Letter for Diff. Tax @ 12.5% C Form 2014/15 for Rs.47,461/- 20/12/2016 Ex.P9 E-mail from defendant requesting Ledger Accounts --- Ex.P10 E-mail attached Ledger Accounts from 01.04.2015 to 31.03.2017 by plaintiff 30/06/2017 Ex.P11 E-mail of Ledger Accounts by defendant 30/06/2017 Ex.P12 True copy of Legal notice by plaintiff with acknowledgement 23/09/2017 Ex.P13 Original notice by defendant 03/10/2017 Ex.P14 True copy of reply notice on 03/10/2017 by defendant to the plaintiff with acknowledgement.

05/10/2017 Ex.P15 Statement of accounts with working sheet.

05/10/2017 Ex.P16 Statement of Accounts 05/10/2017 Ex.P17 Authorisation Letter --- Ex.P18 Certificate under 65-B of Indian Evidence Act, 1872 for Exs.P15 and Ex.P16.

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5. A perusal of Exs.P10, P11 & P12 would show that the plaintiff had been demanding payment of the outstanding amounts. Ex.P16, the statement of accounts produced would show that the said amount is due and payable by the defendant. Ex. P18 is the certificate required under Section. 65-B of the

Evidence Act relating to Exs.P15 & P16. A perusal of the oral and documentary evidence would show that the defendant having received the goods supplied by the plaintiff have not made the payments for the value of the goods received by it. Hence, the suit is decreed as prayed for with costs. 18.07.2019 kkn List of Witness examined on the side of the plaintiff:- 1.S.Saravanan - P.W.1 List of Documents produced on the side of the plaintiff:- 1.

Ex.P1 Copy of plaintiff registration certificate 16/01/2002 2.

Ex.P2 Office copy of Purchase Order No.GCTX/1549/2013/W01/OA1 and original Invoice No.TIPL/1804, 09/09/2014 & Copy of Delivery challan 16/12/2013 3.

09/09/2014 5.

Ex.P5 Series Office copy of Purchase Order No.GCTX/1378/2015/PROJ/011, and original Invoice No.TXL/1166, dt.14/02/2015 & copy of 21/01/2015

Delivery challan 6.

Ex.P6 Series Office copy of Purchase Order No.GCTX/1378/2015/017A, and original Invoice No.TIL/503, dt.06/06/2015 & copy of Delivery challan 31/03/2015 7.

Ex.P7 Series Office copy of Purchase Order No.GCTX/1684/2014/STR001, and original Invoice No.TIL/1813, dt.14/03/2016 & copy of Delivery challan and original Invoice No.TIL/1814, dt.14/03/2016 & copy of Delivery Challan and original Invoice No.TIL/1815, dt.14/03/2016 & copy of Delivery challan and original Invoice No.TIL/1816, dt.14/03/2016 & copy of Delivery challan and original In voice TIL/1817, dt. 14/03/2016 & copy of Delivery Challan and original Invoice No.TIL/1818, dt. 15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1819, dt. 15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1820, dt.14/03/2016 & copy of No.TIL/1821, dt.15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1822, dt.15/03/2016 & copy of Delivery challan and original Invoice No.TIL/1823, dt.

15/03/2016 & copy of Delivery challan 23/12/2015 Ex.P8 Office copy of Letter for Diff. Tax @ 12.5% C Form 2014/15 for Rs.47,461/- 20/12/2016 Ex.P9 E-mail from defendant requesting Ledger Accounts --- Ex.P10 E-mail attached Ledger Accounts from 01.04.2015 to 31.03.2017 by plaintiff 30/06/2017 Ex.P11 E-mail of Ledger Accounts by defendant 30/06/2017 Ex.P12 True copy of Legal notice by plaintiff with acknowledgement 23/09/2017 Ex.P13 Original notice by defendant 03/10/2017 Ex.P14 True copy of reply notice on 03/10/2017 by defendant to the plaintiff with acknowledgement.

05/10/2017

Ex.P15 Statement of accounts with working sheet.

05/10/2017 Ex.P16 Statement of Accounts 05/10/2017 Ex.P17 Authorisation Letter --- Ex.P18 Certificate under 65-B of Indian Evidence Act, 1872 for Exs.P15 and Ex.P16.

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R.SUBRAMANIAN, J.

kkn C.S.No. 106 of 2018 18.07.2019