Il And Fs Tamil Nadu Power Company Ltd v. Ksk Mahanadi Power Company Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN and A.No.4035 of 2019 IL & FS Tamil Nadu Power Company Limited, 4th Floor, KPR Tower, Old No.21, New No.2, 1st Street, Subba Roa Avenue, College Road, Chennai - 600 006.
... Plaintiff Vs.
KSK Mahanadi Power Company Limited, 8-2-293/82/A/431/A, Road No.22, Jubilee Hills, Hyderabad 500 033.
... Defendant PRAYER: The Plaint filed under Order IV Rule 1 of Original Side Rules of this Court read with Order VII Rule 1 of C.P.C., and Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act No.4 of 2016 and numbered as C.S. No.368 of 2019, praying for judgment and decree against the defendant , as follows:
(a) Directing the defendant to pay the plaintiff, a sum of Rs.10,49,81,067/- (Rupees Ten Crores Forty Nine Lakhs, Eighty one thousand and Sixty seven only) together with interest at prevailing SBI PLR rates on Rs.6,15,90,029/- [Rupees Six Crores Fifteen Lakkhs Ninety Thousand and Twenty nine only] from the date of the plaint till the date of realisation.
(b) To direct the defendant to pay the costs of the suit to the plaintiff.
For Plaintiff : M/s.Menon For Defendant : Set exparte on 04.04.2024.
J U D G M E N T
The plaintiff has filed the suit to direct the defendant to pay a sum of Rs.10,49,81,067/- (Rupees Ten Crores Forty Nine Lakhs, Eighty one thousand and Sixty seven only) together with interest at prevailing SBI PLR rates on Rs.6,15,90,029/- [Rupees Six Crores Fifteen Lakkhs Ninety Thousand and Twenty nine only] from the date of the plaint till the date of realisation, to the plaintiff.
2. According to the plaintiff, the plaintiff is engaged in generation and supply of thermal power. The defendant had approached the plaintiff with an offer to supply electricity to TANGEDCO on behalf of the defendant, as an alternate source. The defendant issued letter of intent to the plaintiff for the supply of power to TANGEDCO on its behalf, as an alternate source for the period from 16th December 2016 to 31st March 2017. The plaintiff had also agreed to supply power to TANGEDCO on behalf of the defendant. The defendant had also agreed to pay the plaintiff for the power supply. The plaintiff supplied power to TANGEDGO on behalf of the defendant from 16the December 2016 to 31st March 2017.
Though the defendant accepted the invoices raised by the plaintiff, the defendant had made part payments for the bill and he failed to settle the same in full by the due date. Hence the plaintiff raised a bill for later payment of surcharge. Despite demand notice made by the plaintiff and several reminders, the defendant failed to settle the outstanding amount. Hence the plaintiff has filed the suit.
3. The sole defendant was set ex parte on 04.04.2024. Thereafter, the matter was posted for recording the ex parte evidence of the plaintiff.
4. In order to substantiate the case of the plaintiff, the Manager, who is the Legal and Authorised Signatory of the plaintiff's Company was examined as P.W.1. He has filed the proof affidavit for chief examination. On the side of the plaintiff, in course of the examination in chief of P.W.1, 23 documents listed at the foot of this judgment were exhibited as Exs.P1 to P23.
5. On the basis of the evidence recorded by the plaintiff in order to establish the claim and taking into account that no contra evidence was adduced, the plaintiff is entitled to the decree prayed for as against the defendant.
6. On a perusal of the plaint averments made in the plaint and also the evidence of oral and documentary evidence of the plaintiff namely
P.W.1 and documents filed by the plaintiff Exs.P1 to P23, this Court finds that the plaintiff has proved its case. Hence the suit is decreed exparte, as prayed for with costs. Consequently, connected application is closed.
09.07.2024 mfa Plaintiff's witness: P.W.1 - Mr.Sarathi Defendants' witness: Nil Documents exhibited by the plaintiff:
SNo Exhibit Date Description of the document Ex.P1 Office copy of letter of intent dated 02.12.2016 Ex.P2 Office copy of the plaintiff's Email dated 08.12.2016 Ex.P3 Office copy of invoice dated 04.04.2017 Ex.P4 Office copy of letter dated 20.07.2017 Ex.P5 Office copy of Email dated 13.09.2017 Ex.P6 Office copy of Email dated 19.09.2017
Ex.P7 Office copy of Email dated 05.10.2017 Ex.P8 Office copy of Email dated 19.10.2017 Ex.P9 Office copy of Email dated 23.10.2017 Ex.P10 Office copy of Email dated 24.10.2017 Ex.P11 Office copy of Email dated 24.10.2017 Ex.P12 Office copy of Email dated 27.11.2017 Ex.P13 Office copy of letter dated 06.12.2017 Ex.P14 Office copy of Email dated 07.02.2018 Ex.P15 Office copy of letter dated 15.06.2018 Ex.P16 Office copy of Email dated 06.07.2018 Ex.P17 Office copy of Email dated 31.07.2018 Ex.P18 Office copy of Email dated 08.11.2018 Ex.P19 Office copy of letter dated 03.12.2018 Ex.P20 Office copy of letter dated 20.03.2019 Ex.P21 Office copy of letter dated 08.04.2019 Ex.P22 Office copy of the demand notice dated 22.04.2019 with acknowledgement as per postal records Ex.P23 Office copy of consolidated statement of accounts Documents exhibited by the Defendant: Nil 09.07.2024
mfa P.VELMURUGAN, J.
mfa and A.No.4035 of 2019 09.07.2024