Itc Limited vs K.Ramprasath
2021 Latest Caselaw 21947 Mad

                                                                                  C.S.No.879 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 02.11.2021

                                           CORAM : JUSTICE N.SESHASAYEE

                                                     C.S.No.879 of 2017


                     ITC Limited
                     Education and Stationery Products Business
                     ITC Centre, 5th Floor
                     No.760, Anna Salai
                     Chennai – 600 002.
                     Rep. by its Head of Finance and
                           Power of Attorney Holder
                     Mr.P.Ramkumar                              ...             Plaintiff

                                                             Vs.

                     K.Ramprasath                                      ...      Defendant


                     Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with
                     Order VII Rule 1 of C.P.C., praying for a judgment and decree against the
                     defendant :
                              (a) for a sum of Rs.1,25,34,812/- (Rupees One Crore Twenty Five
                                  Lakhs Thirty Four Thousand and Eight Hundred and Twelve
                                  only) together with interest at the rate of 24% on
                                  Rs.73,92,961/- (Rupees Seventy Three Lakhs Ninety Two
                                  Thousand Nine Hundred Sixty One only) from the date of the
                                  plaint till the date of realization.

                                  (b) for the costs of this suit and

                                  (c) for such other order as this Court may deem fit and proper in
                                      the circumstances of the case.


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                                                                                    C.S.No.879 of 2017


                                  For Plaintiff       : Ms.Vandana Parasuram
                                                        for Mr.K.Krishnamoorthy


                                                     JUDGMENT

The suit is for recovery of a sum of Rs.1,25,34,812/-, which comprises of

the outstanding dues of Rs.73,92,961/- + interest amount of Rs.51,41,851/-,

calculated at 24% per annum, for the goods supplied to the defendant by

the plaintiff on various occasions.

2. The plaintiff alleges in the plaint that it is a public limited company, that

it deals with the business of supplying education and stationery products

business, having its principal office at Chennai, and that the defendant has

placed orders for supply of products, which the plaintiff deals in, and the

goods were supplied across the invoices which contained the terms and

conditions, that the goods were supplied on credit, and that the defendant

was making irregular payments and invariably beyond the credit period

agreed as per the contract. It is further alleged in the plaint that in all the

defendant is due to pay a sum of Rs.73,92,961/-.

https://www.mhc.tn.gov.in/judis

C.S.No.879 of 2017

3. The defendant has remained exparte. The plaintiff has authorised one

P.Hardik Patel, who examined himself as P.W.1 He has also produced

Ext.P1 to Ext.P9. Of which, Ext.P3, Ext.P5 and Ext.P6 are the documents

pertaining to the sale of the goods by the plaintiff to the defendant. Ext.P9

is the accounts statement showing the details of transactions between the

plaintiff and the defendant for the period 01.04.2013 to 31.08.2017 , and

Ext.P8 is the bank statement given by the plaintiff's banker, also giving the

details of payment made by the defendant.

4. After considering the case of the plaintiff and evidence, this Court holds

that the plaintiff has proved his case and accordingly, the suit is liable to be

decreed.

5. In conclusion, the suit is decreed with costs and the defendant is directed

to pay the plaintiff a sum of Rs.73,92,961/- with interest amount of

Rs.51,41,851/-, and also directs him to pay the future interest at the same

interest from the date of the suit till its realisation.

02.11.2021

ds

https://www.mhc.tn.gov.in/judis

C.S.No.879 of 2017

APPENDIX I. Witnesses :

Plaintiffs :

                                         P.W.1            P.Hardik Patel
                                         Defendants : Nil

                                  II. Exhibits :
                              Plaintiffs :
                              Ex.P1        05.02.2018 Photocopy of Power of Attorney of Mr.Hardik Patel
                                                      (P.W.1)
                              Ex.P2               -      Original Letter addressed by the defendant to the

plaintiff confirming that the defendant is a proprietorship concern Ex.P3 17.9.2013 Letter to the plaintiff by the defendant authorizing the transporters to collect the goods Ex.P4 17.09.2013 Letter from the HDFC Bank authorising that the defendant is holding a bank account with them since 21.11.2012 Ex.P5 - Original copy of the plaintiff's condition of sale, duly authorised by the defendant Ex.P6 28.06.2014 Triplicate copy of the invoice for the supply made by the plaintiff to the defendant Ex.P7 29.06.2015 Legal notice issued by the plaintiff counsel to the defendant Ex.P8 12.10.2017 Bank statement of the plaintiff's banker also providing confirmation on payments made by the defendant Ex.P9 Account Statement showing the details of transactions between the plaintiff and respondent for the period 01.4.2013 to 31.08.2017.

Defendants : Nil

02.11.2021

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C.S.No.879 of 2017

N.SESHASAYEE.J.,

ds

C.S.No.879 of 2017

02.11.2021

https://www.mhc.tn.gov.in/judis