M/S.Bi Marketing And Services ... vs M/S.Daiki Axis India Private ...
2022 Latest Caselaw 9820 Mad

Citation : 2022 Latest Caselaw 9820 Mad
Judgement Date : 10 June, 2022

Madras High Court

M/S.Bi Marketing And Services ... vs M/S.Daiki Axis India Private ... on 10 June, 2022

                                                                             C.S.(Comm. Div.) No.32 of 2022

                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         Dated: 10.06.2022

                                                              Coram:

                      THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                C.S.(Comm. Div.) No.32 of 2022 &
                                                       A.No.724 of 2022


                     M/s.BI Marketing and Services Pvt. Ltd.
                     Rep. By its Managing Director Mr.J.R.Moses,
                     having office at No.A21, III Phase,
                     TVK Industrial Estate,
                     Guindy, Chennai-600 032.                                             ... Plaintiff

                                                                Vs.

                     1. M/s.Daiki Axis India Private Limited,
                        having its Office at 701, The Capital,
                        Bandra Kurla Complex,
                        Mumbai 400 051.

                     2. M/s.Daiki Axis Company Limited,
                        having its office at 1-9-1, Misawa,
                        Matsuyama-shi,
                        Ehime, 791-8022,
                        Japan.                                                          .. Defendants

                                  This Civil Suit has been filed under Order VII Rule 1 of CPC 1908 read
                     with Order IV Rule 1 of the Original Side Rules of Madras High Court read
                     with Section 2(1)(C)(II) and 7 (1st proviso) of the Commercial Courts

                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                         C.S.(Comm. Div.) No.32 of 2022

                     /Commercial Division and Commercial Appellate Division of High Court Act 4
                     of 2016, prays for a judgment and decree against the defendants (a) directing
                     the defendants to pay a sum of Rs.6,71,000/- (Rupees Six Lakhs One Thousand
                     only) spent by plaintiff towards repairing the defective materials/products
                     delivered by the defendants together with interest at the rate of 18% p.a. from
                     the date of this suit till the date of realization the above principal amount; (b)
                     directing the defendants to pay a sum of Rs.25,00,000/- (Rupees Twenty Five
                     Lakhs only) for retaining the remaining defective/sub standard plaints
                     delivered by the defendants together with interest at the rate of 18% p.a. from
                     the date of this suit till the date of realization the above principal amount; ©
                     directing the defendants to pay a sum of Rs.1,00,00,000/- (Rupees one crore
                     only) towards the damage of plaintiff brand image & reputation, Mental agony
                     and other indirect losses arising due to the false claims and substandard
                     products supplied by the defendants together with interest at the rate of 18%
                     p.a. from the date of this suit till the date of realization of the above damage
                     amount and (d) to award costs of the suit.
                                        For Plaintiff     : Mr.A.Saravanan
                                        For Defendants    :   Mr.Jayesh B.Dolia for
                                                              M/s.Aiyar and Dolia

                                                        JUDGMENT

The matter was referred to the Mediation Centre annexed to this

Court by order dated 14.03.2022. Pursuant thereto, the parties entered into a

Joint Memorandum of Compromise dated 12.04.2022. On perusal thereof,

Page No.2/4

https://www.mhc.tn.gov.in/judis C.S.(Comm. Div.) No.32 of 2022

the said Joint Memorandum of Compromise was duly signed by the plaintiff

and each of the defendants. On examining the terms of compromise, there is no

legal impediment to the issuance of a decree in terms thereof.

2. Accordingly, C.S. (Comm. Div.) No.32 of 2022 is decreed in terms of

the Memorandum of Compromise dated 12.04.2022, which shall form an

integral part thereof. In view of the settlement between the parties, there will

be no order as to costs. Consequently, connected application is closed.