Madras High Court
Prince Pines And Fittings Limited vs M/S. Chanakya Marketing on 23 June, 2022
C.S.(Comm. Div.)No.9 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 23.06.2022
CORAM
The Hon'ble Mr. Justice SENTHILKUMAR RAMAMOORTHY
Civil Suit (Comm. Div) No.9 of 2021 &
A.No.2219 of 2021
Prince Pines and Fittings Limited,
a Company incorporated under the
Companies Act, 1956, having its
Registered Office at Honda Industrial Estate
Phase II, Honda 405 530 and having one of its
Office at No.22/1, 2nd Street,
Thangam Colony, Anna Nagar (West),
Chennai-600 040, represented by its
Authorized Signatory, Shri B.Murali ... Plaintiff
vs.
1. M/s. Chanakya Marketing
a Proprietary concern represented by
its Sole Proprietrix, Mrs.Mythili Raghunandan
carrying on business at 37/332 Alapakkam Main Road,
Madhuravoyal, Chennai-600 095.
2. Mrs.Mythili Raghunandan
Sole Proprietrix,
M/s.Chanakya Marketing
37/332 Alappakam Main Road,
Madhuravoyal, Chennai-600 095. ... Defendants
The suit is filed under Order VII Rule 1 of the Code of Civil
Procedure read with Sections 2(c)(i) & (xviii) and 6 of the Commercial
Courts Act 2015 and Order IV Rule 1 of the Madras High Court Original
Side Rules praying to pass a decree in favour of the plaintiff and against the
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C.S.(Comm. Div.)No.9 of 2021
defendants and direct the defendants to (a) pay a sum of Rs.1,49,05,876/-
(Rupees One Crore Forty Nine Lakh Five Thousand Eight Hundred and
Seventy Six only) (inclusive of interest @ 24% p.a. From the respective due
dates of the Invoices till 07.02.2020); (b) pay subsequent interest @ 24%
per annum from 08.02.2020 till the date of realization; (c) pay the costs of
the suit.
For Plaintiff : Ms.K.M.Dharaniya Sri for
M/s.T.Ravichandran
JUDGMENT
The suit was filed for recovery of a sum of Rs.1,49,05,876/- along
with interest thereon at 24% p.a. from the respective due dates of the
invoices until realization.
2. In spite of service of summons, the defendants did not enter
appearance. Accordingly, the defendants were set ex parte by order dated
03.03.2022. Pursuant thereto, the plaintiff was directed to record ex parte
evidence. The plaintiff examined Mr.B.Murali, an authorized signatory of the
plaintiff, as PW1. In course of examination-in-chief of PW1 on 26.04.2022,
six documents were exhibited as Exs.P1 to P6. These documents include the
invoices raised by the plaintiff on the defendants between 26.05.2015 and
01.02.2018. The said invoices were marked as Ex.P2 series. The plaintiff
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C.S.(Comm. Div.)No.9 of 2021
states that it supplied PVC pipes and high-pressure pipes to the defendants
and that the above mentioned invoices were issued in relation thereto.
According to the plaintiff, a sum of Rs.76,35,642/- is due and payable
towards unpaid invoices. The plaintiff has also exhibited the certified copy of
the ledger account relating to the defendants. The said ledger account is
exhibited as Ex.P6. On perusal, it appears that the principal amount due
from the defendants was a sum of Rs.76,35,642/- as of 29.01.2019. The said
ledger account also reflects the interest claim at 24% p.a. aggregating to a
sum of Rs.72,17,233.33. The suit claim of Rs.1,49,05,826/- has been arrived
at by adding the principal amount and the interest thereon.
3. Upon considering the above evidence, it is clear that the plaintiff
supplied goods and raised invoices in relation thereto. Since the invoices
were not paid, the plaintiff is entitled to the principal sum of Rs.76,35,642/-.
As regards interest, the plaintiff states that the contract between the parties
did not specify the rate of interest. However, the plaintiff states that the
transaction was in the course of trade and that the plaintiff is entitled to
interest at commercial rates. By taking into consideration the interest rates
prevailing at the relevant point of time, i.e. from 25.11.2015 onwards,
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C.S.(Comm. Div.)No.9 of 2021
interest is awarded at the rate of 12% p.a. from the dates the respective
invoices became payable.
4. In the result, the suit is partly decreed by directing the
defendants to pay the plaintiff the sum of Rs.76,35,642/- along with interest
on each outstanding invoice at the rate of 12% p.a. from the date the
respective invoice became due for payment until realization. On the loser pay
principle, the plaintiff is also entitled to costs. The plaintiff has paid a court
fee of Rs.1,52,583.76. The defendants are directed to pay the plaintiff a sum
of Rs.3,00,000/- as costs. This sum shall includes the court fees, lawyer's
fees and other expenses. Consequently, A.No.2219 of 2021 is closed.
23.06.2022
Index : Yes
Internet : Yes
kal
Plaintiffs' witnesses:
Mr.B.Murali - PW1
Documents exhibited by the Plaintiff:
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C.S.(Comm. Div.)No.9 of 2021
Sl.No Exhibi Date Particulars of Documents
ts
1. Ex.P1 29.06.2019 The Original board resolution
2. Ex.P2 26.05.2015 (Series) is the invoices
to
01.02.2018
3. Ex.P3 08.09.2016 The office copy of the Advocate notice issued
by the plaintiff to the defendant.
4. Ex.P4 28.06.2018 The office copy of the Advocate notice issued
by plaintiff to the defendant
5. Ex.P5 04.02.2019 The office copy of the Advocate notice issued
by plaintiff to the defendant.
6. Ex.P6 The certified copy of ledger account.
SKRJ
SENTHILKUMAR RAMAMOORTHY, J.
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C.S.(Comm. Div.)No.9 of 2021
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Civil Suit (Comm. Div) No.9 of 2021
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