w w w . L a w y e r S e r v i c e s . i n



M/s. Metec Design and Construction Engineers India Pvt. Ltd., (Formerly Known as Metch Design and Construction Engineer), Rep.by its Director Kamalakannan v/s M/s. East Coast Construction and Industrial Ltd., Rep.by its Managing Director


Company & Directors' Information:- ENGINEERS INDIA LIMITED [Active] CIN = L74899DL1965GOI004352

Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- B S B K ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U74210DL1985PTC021596

Company & Directors' Information:- V. K. INDUSTRIAL CORPORATION LIMITED [Active] CIN = U27100MH2004PLC149538

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- R K INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U29300PB1996PLC017836

Company & Directors' Information:- V T INDUSTRIAL CORPORATION LIMITED [Active] CIN = U74990TN2010PLC078041

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- M M ENGINEERS PRIVATE LIMITED [Active] CIN = U02919TZ1987PTC001936

Company & Directors' Information:- D K D ENGINEERS PRIVATE LIMITED [Active] CIN = U18101TZ1993PTC004673

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- N L ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1997PTC020362

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- S AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U51103TZ2009PTC015456

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- M I A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204DL2013PTC248344

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- V A ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29299MH1997PTC215888

Company & Directors' Information:- I & B ENGINEERS PRIVATE LIMITED [Active] CIN = U45309WB2008PTC124644

Company & Directors' Information:- A G L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400WB2008PTC126885

Company & Directors' Information:- T S CONSTRUCTION ENGINEERS PRIVATE LIMITED [Active] CIN = U45400JK2012PTC003480

Company & Directors' Information:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- N K R ENGINEERS PRIVATE LIMITED [Active] CIN = U29293GJ2004PTC045176

Company & Directors' Information:- C C ENGINEERS PVT LTD [Active] CIN = U30009PN1991PTC063868

Company & Directors' Information:- B P INDUSTRIAL CORPN. PVT LTD [Active] CIN = U15312UP1973PTC087037

Company & Directors' Information:- M AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036107

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- J G ENGINEERS PVT LTD [Active] CIN = U45402WB1970PTC027713

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- P E ENGINEERS PVT LTD [Active] CIN = U74210TG1981PTC003247

Company & Directors' Information:- M S ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159314

Company & Directors' Information:- C K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1997PTC020744

Company & Directors' Information:- V AND V DESIGN PRIVATE LIMITED [Strike Off] CIN = U30007MH1994PTC079113

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- U N F ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U31102AS2003PTC007198

Company & Directors' Information:- A V ENGINEERS PRIVATE LIMITED [Active] CIN = U29306CH2002PTC024874

Company & Directors' Information:- J AND K ENGINEERS PVT LTD [Converted to LLP and Dissolved] CIN = U29259GJ1982PTC005625

Company & Directors' Information:- R H DESIGN INDIA PRIVATE LIMITED [Active] CIN = U74999DL2006PTC144553

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- T & I ENGINEERS PRIVATE LIMITED [Active] CIN = U29252AS2000PTC006243

Company & Directors' Information:- H B ENGINEERS PRIVATE LIMITED [Active] CIN = U65910GJ1995PTC027208

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- EAST INDIA CORPORATION LIMITED [Active] CIN = U61100TN1942PLC000704

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- B. K. ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH2011PTC214002

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- K C K ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U29299DL1993PTC056432

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- A V A INDUSTRIAL CORPN PRIVATE LIMITED [Strike Off] CIN = U29191TZ1956PTC000261

Company & Directors' Information:- I I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45201TN1986PTC013124

Company & Directors' Information:- V-DESIGN PRIVATE LIMITED [Strike Off] CIN = U72900PY1996PTC001283

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2010PTC288640

Company & Directors' Information:- K A ENGINEERS PRIVATE LIMITED [Active] CIN = U74999DL2003PTC119859

Company & Directors' Information:- K L R ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TG1996PTC024040

Company & Directors' Information:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- T R ENGINEERS PRIVATE LIMITED [Active] CIN = U29111DL2004PTC126852

Company & Directors' Information:- N A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC192764

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- D C ENGINEERS PRIVATE LIMITED [Active] CIN = U74210MH1999PTC118382

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- E C ENGINEERS PVT LTD [Active] CIN = U28920MH1981PTC024675

Company & Directors' Information:- B J & P ENGINEERS PRIVATE LIMITED [Active] CIN = U28910TN2008PTC067728

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- K B ENGINEERS PVT LTD [Strike Off] CIN = U27202WB1987PTC041979

Company & Directors' Information:- N B S ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U74999DL1998PTC096033

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- N. C. R. ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034625

Company & Directors' Information:- S H A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202DL1996PTC076831

Company & Directors' Information:- V K G ENGINEERS PVT LTD [Strike Off] CIN = U45202PB2006PTC030194

Company & Directors' Information:- J C ENGINEERS PRIVATE LIMITED [Active] CIN = U29248HR1988PTC030208

Company & Directors' Information:- K C ENGINEERS LIMITED [Active] CIN = U74999HR2005PLC035602

Company & Directors' Information:- K C ENGINEERS PRIVATE LIMITED [Active] CIN = U74999HR2005PTC035602

Company & Directors' Information:- H H ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1996PTC018479

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- M P J CONSTRUCTION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044433

Company & Directors' Information:- C & L ENGINEERS (INDIA) PVT. LTD. [Strike Off] CIN = U29190DL1998PTC096952

Company & Directors' Information:- G AND M ENGINEERS PVT. LTD. [Strike Off] CIN = U74210MH1986PTC041517

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- A T C (EAST INDIA) PRIVATE LIMITED [Active] CIN = U63090MH2000PTC126349

Company & Directors' Information:- A R S S V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202UR2020PTC011198

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- THE INDUSTRIAL CORPORATION PRIVATE LIMITED [Active] CIN = U15420MH1921PTC000947

Company & Directors' Information:- H V ENGINEERS PVT LTD [Active] CIN = U45202PB1978PTC003839

Company & Directors' Information:- M K C ENGINEERS PVT LTD [Active] CIN = U30009WB1988PTC045711

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- I T ENGINEERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136156

Company & Directors' Information:- E B P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U52392DL2003PTC118311

Company & Directors' Information:- N. B. Y. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2019PTC079172

Company & Directors' Information:- L S ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2000PTC129659

Company & Directors' Information:- H V ENGINEERS P LTD. [Active] CIN = U27106WB1990PTC050281

Company & Directors' Information:- S M R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29199TZ2000PTC009464

Company & Directors' Information:- J B F CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45200JK2008PTC002952

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- V V S ENGINEERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U27310AP1985PTC005668

Company & Directors' Information:- R F DESIGN PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC136999

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- A C F ENGINEERS PRIVATE LIMITED [Active] CIN = U15209MH1988PTC049094

Company & Directors' Information:- V B ENGINEERS PRIVATE LIMITED [Active] CIN = U25209MH2009PTC191163

Company & Directors' Information:- D V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061013

Company & Directors' Information:- E H CONSTRUCTION CO PVT LTD [Active] CIN = U45209WB1984PTC037174

Company & Directors' Information:- F L B ENGINEERS PRIVATE LIMITED [Active] CIN = U28932MH1985PTC035994

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- S B R ENGINEER'S PRIVATE LIMITED [Strike Off] CIN = U45202WB2000PTC092506

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- S K L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201OR2012PTC016144

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120PN2010PTC136515

Company & Directors' Information:- R K R ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U45206TN2013PTC092795

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- J B M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209WB2008PTC124938

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- P K S CONSTRUCTION CO PRIVATE LIMITED [Active] CIN = U45200HP2004PTC027694

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- P J B ENGINEERS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC024856

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- C S CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200MH2020PTC346811

Company & Directors' Information:- EAST INDIA CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45203WB1959PTC024435

Company & Directors' Information:- H M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29219CH1991PTC011585

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- J L ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH2000PTC124206

Company & Directors' Information:- P M C ENGINEERS PVT LTD [Strike Off] CIN = U74210KL1981PTC003354

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- D. D. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201JH2008PTC013043

Company & Directors' Information:- INDUSTRIAL ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U29221TN1949PTC000950

Company & Directors' Information:- J J V ENGINEERS PRIVATE LIMITED [Active] CIN = U74200HR2013PTC048964

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- P T R ENGINEERS PRIVATE LIMITED [Under Liquidation] CIN = U31901TN1979PTC007806

Company & Directors' Information:- S L V ENGINEERS PRIVATE LIMITED [Active] CIN = U72501TZ2000PTC009366

Company & Directors' Information:- C. B. S. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC045651

Company & Directors' Information:- DESIGN INDIA PVT. LTD. [Active] CIN = U74994WB1986PTC040731

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- H. N. D. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2011PTC015162

Company & Directors' Information:- D D INDUSTRIAL PRIVATE LIMITED [Active] CIN = U34102DL2006PTC156978

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- M R K ENGINEERS PRIVATE LIMITED [Active] CIN = U21014KA1995PTC018466

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- L K I CONSTRUCTION PVT LTD [Active] CIN = U70101WB1993PTC058304

Company & Directors' Information:- H R M ENGINEERS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC117606

Company & Directors' Information:- P C ENGINEERS PRIVATE LIMITED [Active] CIN = U34300CH1985PTC006093

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

Company & Directors' Information:- IN-DESIGN INDIA PVT LTD [Active] CIN = U74130MH1985PTC038072

Company & Directors' Information:- G-4 ENGINEERS PRIVATE LIMITED [Active] CIN = U32204MH2008PTC177646

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- G S ENGINEERS PVT LTD [Active] CIN = U74210PB1994PTC014225

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- H I ENGINEERS PVT LTD [Active] CIN = U74210WB1984PTC037097

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- S A ENGINEERS LTD [Strike Off] CIN = U28932WB1977PLC031202

Company & Directors' Information:- ENGINEERS LTD [Strike Off] CIN = U29100WB1933PLC007579

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- P S S S K CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45201WB2006PTC107993

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- G B ENGINEERS PVT LTD [Strike Off] CIN = U74210WB1982PTC034958

Company & Directors' Information:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- H M N ENGINEERS AND CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U07010KA2003PTC032863

Company & Directors' Information:- T A C DESIGN PRIVATE LIMITED [Active] CIN = U74994DL2004PTC128426

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- A R ENGINEERS PVT LTD [Strike Off] CIN = U45203OR1993PTC003413

Company & Directors' Information:- M. Y. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH1999PTC119174

Company & Directors' Information:- P & A ENGINEERS PRIVATE LIMITED [Active] CIN = U70101OR2011PTC014428

Company & Directors' Information:- M AND D (ENGINEERS) PRIVATE LIMITED [Active] CIN = U28932MH1975PTC018333

Company & Directors' Information:- Q M ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U31100MH2006PTC159261

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- B AND V DESIGN PRIVATE LIMITED [Active] CIN = U02221DL1998PTC094219

Company & Directors' Information:- A G ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024138

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- Y A ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110304

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R. F. ENGINEERS PRIVATE LIMITED [Active] CIN = U32100DL2010PTC199732

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- C-DESIGN PRIVATE LIMITED [Active] CIN = U72200KL2005PTC018550

Company & Directors' Information:- ON. DESIGN PRIVATE LIMITED [Active] CIN = U74210KA2019PTC127392

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- A TO Z ENGINEERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U29299DL1988PTC030239

Company & Directors' Information:- K J S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC093851

Company & Directors' Information:- A P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1991PTC013866

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S S ENGINEERS PVT LTD [Strike Off] CIN = U28931TN1987PTC015093

Company & Directors' Information:- A S ENGINEERS PVT LTD [Strike Off] CIN = U74999TG1988PTC008455

Company & Directors' Information:- N R S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1992PTC014881

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- S R V ENGINEERS PVT LTD [Strike Off] CIN = U24231UP1988PTC009258

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- A. B. T. ENGINEERS PVT. LTD. [Strike Off] CIN = U28111OR1993PTC003388

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- A B K ENGINEERS PRIVATE LIMITED [Active] CIN = U29253DL2008PTC178060

Company & Directors' Information:- H J ENGINEERS PRIVATE LTD [Active] CIN = U74899DL1987PTC027668

Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- A R ENGINEERS PVT LTD [Not available for efiling] CIN = U71220UP1978PTC004701

Company & Directors' Information:- K K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1984PTC005826

Company & Directors' Information:- J M J ENGINEERS AND CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74110DL2009PTC196154

Company & Directors' Information:- D H ENGINEERS PVT LTD [Strike Off] CIN = U51109WB1963PTC025758

Company & Directors' Information:- G F M ENGINEERS PVT LTD [Strike Off] CIN = U45202WB1969PTC027476

Company & Directors' Information:- R B ENGINEERS PRIVATE LIMITED [Active] CIN = U24230MH2003PTC141901

Company & Directors' Information:- P N R CONSTRUCTION PVT LTD [Strike Off] CIN = U99999MH2006PTC158802

Company & Directors' Information:- J. K. D. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PB2009PTC033102

Company & Directors' Information:- A K INDUSTRIAL CORPORATION (INDIA) PRIVATE LIMITED [Active] CIN = U29130PN2014PTC151053

Company & Directors' Information:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- U. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U31900PN2008PTC132332

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- J W CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC198916

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- J B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC226187

Company & Directors' Information:- R. J. DESIGN PRIVATE LIMITED [Active] CIN = U74900PN2011PTC139815

Company & Directors' Information:- S & E ENGINEERS PRIVATE LIMITED [Active] CIN = U74999PN2010PTC135666

Company & Directors' Information:- P N I DESIGN PRIVATE LIMITED [Active] CIN = U74120MH2014PTC255734

Company & Directors' Information:- M-E ENGINEERS DESIGN PRIVATE LIMITED [Active] CIN = U72501TN2015FTC103000

Company & Directors' Information:- R M J CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70102UP2010PTC040949

Company & Directors' Information:- D B S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210UP2010PTC084195

Company & Directors' Information:- G K V ENGINEERS PRIVATE LIMITED [Active] CIN = U74999TN2010PTC077912

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- H AND K CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70200HP2014PTC000633

Company & Directors' Information:- G H ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28939DL2004PTC130703

Company & Directors' Information:- N R ENGINEERS PRIVATE LIMITED [Active] CIN = U29292DL2011PTC221986

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- B N R ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1973PTC006709

Company & Directors' Information:- G-5 CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC265907

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- K M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272465

Company & Directors' Information:- V 2 S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC273750

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- G C DESIGN PRIVATE LIMITED [Strike Off] CIN = U18101DL2012PTC233325

Company & Directors' Information:- ENGINEER & ENGINEER PRIVATE LIMITED [Active] CIN = U74999DL2016PTC293097

Company & Directors' Information:- I G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1996PTC077365

Company & Directors' Information:- C S ENGINEER PRIVATE LIMITED [Strike Off] CIN = U45201DL2003PTC122355

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- N R D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC244905

Company & Directors' Information:- A-1 DESIGN & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70200DL2008PTC184970

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- B & U CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203GJ2013PTC075424

Company & Directors' Information:- J M A DESIGN COMPANY PRIVATE LIMITED [Active] CIN = U74210GJ2003PTC043234

Company & Directors' Information:- DESIGN 4 U CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45309UP2019PTC114700

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- N K ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U65921UP1954PTC002533

Company & Directors' Information:- H. R. ENGINEERS PVT LTD [Strike Off] CIN = U74999PB1973PTC003316

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- A B G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1986PTC040667

Company & Directors' Information:- ENGINEERS CORPORATION PVT LTD [Strike Off] CIN = U74300WB1946PTC022035

Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1983PTC017046

Company & Directors' Information:- A S G CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70200DL1996PTC075278

Company & Directors' Information:- G P B ENGINEERS PVT LTD [Strike Off] CIN = U29212RJ1990PTC005595

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- THE ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999KA1948PTC000551

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

Company & Directors' Information:- THE INDUSTRIAL CORPORATION LIMITED [Strike Off] CIN = U00804KA1948PLC000529

Company & Directors' Information:- THE CONSTRUCTION CO OF INDIA LTD. [Dissolved] CIN = U99999MH1943PLC007425

Company & Directors' Information:- M. AND S. (ENGINEERS) LIMITED [Dissolved] CIN = U99999MH1952PLC008956

Company & Directors' Information:- S B CONSTRUCTION CO LTD [Strike Off] CIN = U45208WB1947PLC014904

    C.S. No. 31 of 2017 & A. No. 289 of 2017

    Decided On, 23 November 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN

    For the Plaintiff: Dr. P. Vasu Devan, Advocate. For the Defendant: Ami Kataria, Advocate.



Judgment Text

(Prayer: This Civil Suit filed under Order IV Rule 1 O.S. Rules read with Order VII Rule 1 CPC, praying for a Judgment and Decree against the Defendant:(a). directing the Defendant to pay Rs.2,04,45,480/- to the Plaintiff which includes the sum of Rs.23,23,257/- towards the dues against R.A.Bill No.10 raised by the Plaintiff, a sum of Rs.99,12,981/- towards testing and commissioning, retention amount and Final Bill R.A. Bill No.11 and Rs.82,09,242/- towards interest due for the delayed payment.(b). directing the Defendant to pay further interest at the rate of 18% p.a. from the date of filing the suit till the date of realization.(c). direct the defendant to pay the cost of the suit.)1. The Plaintiff, a company incorporated under the Companies Act, 1956, had filed the suit seeking Judgment and Decree against the Defendant, which is also a company incorporated under the Companies Act, 1956, for payment of a sum of Rs.2,04,45,480/- together with future interest at the rate of 18% per annum and for costs of the suit.2. In the plaint it had been stated that the Plaintiff is engaged in the business of manufacturing and commissioning of Fire Fighting System for all types of building and industries. They were awarded a Letter of Intent dated 30.04.2001 by the Defendant for supply and erection of Fire Protection works for the construction of Tamil Nadu Legislative Assembly Building at Omandhur Estate, Anna Salai, Chennai, by Purchase Orders dated 07.01.2010, 13.07.2010, 07.08.2010, 18.08.2010 and 08.03.2011. It had been stated that the Plaintiff commenced execution of the work and had also completed the works in terms of the contract. They had thereafter, raised R.A bills 1 to 10 for the works executed by them.3. It was stated that in the contract the Defendant had agreed to make payments under the following mode:-a). 65% of the value of the work to be paid on prorata basis on receipt of equipment at site.b). 20% will be paid on prorata basis against progressive erection.c). 15% will be paid against further progressive erection.4. It had been stated that however, the Defendant had not paid the amounts for the works executed and an amount of Rs.23,23,257/- was due and payable against R.A bill No.10, which was certified by the Defendant. It was also stated that though it had been agreed that the Defendant would retain 5% of the bill amounts as retention amount and which would be released at the end of the defects liability period, the Defendant actually retained 15% of the bill amounts against testing, commissioning and retention amount. It was stated that a sum of Rs.99,12,281/- is due and payable by the Defendant against the final bill, testing, commissioning and retention amounts.5. It was stated that though the Purchase Order stipulated the time for completion of work within a period of three months, there were some delays and the Plaintiff completed the project on 11.05.2011. The final bill was also prepared and submitted to the Defendant on 04.07.2011. This was acknowledged but however, there was a delay in certifying the final bill. The Defendant wrote an E-mail dated 28.05.2012 that the final bill can be certified only after certification of the work done by their employer and held back a sum of Rs.23,23,257/- against the R.A bill No.10 and Rs.99,12,281/- against the final bill, testing, commissioning and retention amounts.6. The Defendant sent an E-mail dated 29.03.2013 attaching a letter dated 29.03.2013 signed by their Senior Manager (Contracts), wherein, it was stated that the process of recording the measurement for the final bill is in progress and would be completed soon. It was stated that after the final measurement are submitted and certified by their employer, the payments would be released. The Plaintiff claimed that they co-operated for completing the measurement of the works done. The measurement of the works executed was completed on 15.05.2013. The Plaintiff by E-mail dated 18.05.2013, called upon the Defendant to release the payment which was due to a sum of Rs.1,22,36,238/-. The Plaintiff claimed that they had written several letters subsequently, seeking payment of the amount due. The Plaintiff claimed that since the Defendant had not come forward to release the payment, they had no other option, but to file the suit, for the reliefs as stated above.7. The suit had been filed in the Original Side of the Madras High Court and subsequently, on establishment of the Commercial Division, it had been transferred to the Commercial Division and the jurisdiction was determined on 05.12.2018. The Defendant was granted 30 days time from that date to file the written statement. However, for reasons best known, the written statement was not filed and on 07.11.2019, it was noted that though several opportunities had been granted, the written statement was not filed and therefore, the right to file the written statement was forfeited. The matter was then posted for recording of evidence on the side of the Plaintiff and the Defendant was granted permission to cross-examine the witness.8. The Plaintiff examined as PW-1, S.Kamalakannan, Director of M/s.Metec Design and Construction Engineers India Pvt. Ltd., who filed his proof affidavit and also marked exhibits P1 to P13. In the proof affidavit, the averments in the plaint were again restated. Exs.P1, P2, P3 and P4 are the Service / Purchase orders placed by the Defendant on the Plaintiff. Ex.P6 is the copy of R.A. bill No.10 with the date of measurement on 25.03.2011. Ex.P10 is the letter addressed by the Defendant dated 29.03.2013. Ex.P12 is the copy of the Advocate notice dated 17.03.2016 and Ex.P13 is the copy of the postal acknowledgment card for the same.9. The witness for the Plaintiff was cross-examined on behalf of the Defendant and primarily, the Defendant had questioned the witness on the issues of limitation and also on the fact that the works conducted by the Plaintiff should be certified by the PWD who would then release payment to the Defendant and who can then release payment to the Plaintiff.10. Heard arguments advanced by Dr.P.Vasu Devan, learned counsel for the Plaintiff and Ms.Ami Katariya, learned counsel for the Defendant.11. The points which arise for consideration are;i). Whether the Plaintiff has discharged their burden of proof to establish the suit claim?ii). Whether the letter dated 29.03.2013 by the Defendant can be considered as an acknowledgment of debt and liability?iii). Whether the suit is barred by the law of limitation?vi). Whether the Plaintiff is entitled for the suit claim together with interest @ 18% per annum?v). What other relief are the parties entitled to?The above cannot be termed as issues in the absence of the written statement.The points answered:12. The Plaintiff had filed the suit seeking a Judgment and Decree against the Defendant for a sum of Rs.2,04,45,480/- together with interest @ 18% per annum from the date filing the suit till the date of realization.13. The necessity for institution of the suit arose owing to, according to the Plaintiff, breach by the Defendant of the payment terms in a contractual relationship between the Plaintiff and the Defendant for erection of Fire Safety Equipments in the then being constructed, Tamil Nadu Legislative Assembly Building at Omandhur Estate, Anna Salai, Chennai. A Letter of Intent dated 30.04.2001 had been issued by the Defendant. This Letter of Intent had not been filed as a document to the Plaint, but the Defendant had not disputed or questioned the locus of the Plaintiff to institute the suit. The Plaintiff had filed the Purchase Orders placed by the Defendant. These have been marked as documents. These documents reflect that there was a contractual relationship between the Plaintiff and the Defendant.14. The Plaintiff had also raised bills on the Defendant. The suit claim can be divided into two parts. The first part is with respect to R.A bill No.10, which is Ex.P6, under which a sum of Rs.23,23,257/- was claimed as payable by the Defendant. The second part is with respect to the retention amount by the Defendant in R.A bill No.11 and towards testing, commissioning and retention. The Defendant had not filed their written statement, but the fact that bills had been raised by the Plaintiff cannot be disputed. The fact that the Plaintiff had commenced the work and had executed the work also cannot be either disputed or denied.15. It is the common stand of both the parties, that the works had been completed as on 04.07.2011. The principal argument by the learned counsel for the Defendant was that the entire contract was on a Back to Back principle namely, that the Plaintiff is a Sub-Contractor of the Defendant for the limited purpose of erection and commissioning Fire Safety Equipments in the said building. The works done by the Plaintiff will have to be measured and certified not only by the Defendant for release of payment, but also by the PWD who were the principal employers and who would release the payment in the name of the Defendant and who would then release further payment to the Plaintiff.16. It was stated that there was a delay by the PWD in certifying the works done and in releasing payments to the Defendant and therefore, the Defendant could not honour their commitment to the Plaintiff. This argument put forth by the Defendant has to be rejected for the simple reason that the Service / Purchase order placed by the Defendant on the Plaintiff is not a tripartite agreement, but rather the bipartite agreement between the Plaintiff and the Defendant alone.17. The only condition laid down towards payment as seen from Ex.P1is as follows:“8. Payment terms:a). Mobilisation advance, if required, shall be provided for 10% of the contract value against Bank Guarantee for an equivalent amount and on receipt of acceptance of the work order with VAT and Service Tax, Registration Certificate duly self attested. Interest will be charged at 14.5% per annum and shall be recovered from the first 6 running bills.b). 65% of the value of work will be paid on pro rata basis on receipt of equipments at site.c). 20% will be paid on pro rata against progressive erection.d). 15% will be paid against satisfactory testing and commissioning, handing over of the system to our client. Submission of As Built Drawings, guarantee and warranty certificates, operation manual, training of personnel authorized by our client.9. Retention Amount:5% value of each of the bill will be retained as retention amount and will be released at the end of the defects liability period of one year as authorized by the client.”18. It has been mentioned in Ex.P1, that the client is PWD and that the payment shall be made for the actual quantity of the work carried out and certified by PWD as per the unit rates. However, the contract as such is only between the Plaintiff and the Defendant. Even if there has been delay in payment by PWD to the Defendant, the Defendant should honour their commitment to the Plaintiff and later get that amount from the PWD. The reasons advanced for withholding the payment to the Plaintiff have to be rejected.19. Ex.P10 has been the subject matter of much discussion by the learned counsels. It is an original letter dated 29.03.2013 sent by the Defendant to the Plaintiff. It is as follows:“Ref: Your mail dated 27.03.2013.This had reference to your mail cited under reference. We wish to bring the following for your kind information.As already informed during the meeting had with you earlier this week, the process of recording of measurements for the final bill is in progress and will be completed soon. Our site staff might have already contacted you regarding this so that the detailed measurements can be submitted to the Department.We request you to kindly co-ordinate with the site team and give necessary details as required by them so that the final bill can be processed and submitted to the Department.We hope that our payment will be received soon after the final measurement are submitted and certified by the client.We assure you that payments will be released as soon as the funds are received from our client.We request you to kindly bear with us till such time.”20. The learned counsel for the Defendant stated that this cannot be termed as an acknowledgment of debt. The learned counsel relied on AIR 1961 SC 1236, Khan Bahadur Shapoor Fredoom Mazda Vs. Durga Prasad Chamaria and Others. The issue in that case was a claim based on mortgage. The amounts were repaid on the mortgagee and mortgagor had also acknowledged liability. The letter which was sought to be pressed as admission or acknowledgment of debt was as follows:“13. ......My dear Durga Prasad,Chandni Bazar is again advertised for sale on Friday the 11th instant. I am afraid it will go very cheap. I had a private offer of Rs.2,75,000/- a few days ago but as soon as they heard it was advertised by the Registrar they withdrew. As you are interested why do not you take up the whole. There is only about 70,000 due to the mortgagee - apayment of 10,000 will stop the sale.Yours sincerely,sd-J.C.Galstaun.”21. The Hon’ble Supreme Court had been held as follows:“15. ......The tenor of the letter shows that it is addressed by Respondent 2 as mortgagor to Respondent 1 as puisne mortgagee, it reminds him of his interest as such mortgagee in the property which would be put up for sale by the first mortgagee, and appeals to him to assist the avoidance of sale, and thus acquire the whole of the mortgagee’s interest. It is common ground that no other relationship existed between the parties at the date of this letter, and the only subsisting relationship was that of mortgagee and mortgagor. This letter acknowledges the existence of the said jural relationship and amounts to a clear acknowledgment under Section 19 of the Limitation Act. It is conceded that if this letter is held to be an acknowledgment there can be no other challenge against the decree under appeal.In the result the appeal fails and is dismissed with costs.”22. It is seen that even the Hon’ble Supreme Court had actually held that the letter is an acknowledgment of the existence of jural relationship and the amounts to a clear acknowledgment under Section 19 of the Limitation Act.23. In the instant case, the acknowledgment is more striking. Ex.P10 has as the subject “the construction of new Tamil Nadu Legislative Assembly Building”. The reference is “mail” of the Plaintiff “dated 27.03.2013”, it ends with, the “payments will be released as soon as funds are received by the clients”.24. The crucial aspect is that the Defendant has acknowledged that payments are due and payable to the Plaintiff herein.25. Section 18 of the Limitation Act, is as follows:“18. Effect of acknowledgment in writing. (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.Explanation.-For the purposes of this section,- (a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or right,(b) the word “signed” means signed either personally or by an agent duly authorised in this behalf, and(c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.”26. The conditions stipulated are satisfied. The acknowledgment was dated. It was made in writing. It was addressed to the Plaintiff. It was addressed by a person competent to acknowledge liability. It referred to the subject matter.27. One aspect which has been repeatedly pointed out by the learned counsel for the Defendant is that Ex.P10 is not an original copy and that it is an extract from an E-mail and therefore in the absence of the certificate under Section 65(B) of the Evidence Act, the document cannot even be looked into by the the Court. Unfortunately, the document which has been marked as Ex.P10 is an original letter sent by the Defendant to the Plaintiff. Therefore, this objection cannot withstand the scrutiny of the Court. It is an admission of liability.28. The learned counsel for the Defendant drew the attention of this Court to the cross-examination of the witness for the Plaintiff.“Q7: As per Ex.P1 the word executed by the Plaintiff should be to the satisfaction of the Defendant’s client namely PWD, Chennai. What do you say?A: Yes.Q8: It is right to say that Exs.P1 to P5 is a back to back to contract depending on satisfaction and certification of PWD?A: Yes. Back to back to contract with some terms and conditions.Q9: As per clause-3 contained at inner page-12 of Ex.P1, is it correct to state that the payment shall be made for the actual quantity of made carried out and certified by PWD?A: Yes”29. As repeatedly pointed out, the onus was on the Defendant to pay the Plaintiff for the works done and thereafter, recover it from the PWD. It is on record, that the final certification of the works done had also been completed. Therefore, an obligation on the Defendant to make good, the payment was cast upon the Defendant, in view of the contract between the parties.30. It has also been alleged by the Plaintiff that while the terms of the payment indicated that 5% alone should be retained by the Defendant, as retention money, the Defendant had retained 15% of the amount. A claim is also made on that ground.31. I hold that the limitation period would commence only from

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the date of acknowledgment namely, 29.03.2013. The plaint had been presented on 24.03.2016 within the period of three years. The limitation stood renewed by the acknowledgment of the Defendant under Ex.P10. The work could have been completed earlier, but within three years period from the date of completion of the work, the Defendant, by Ex.P10, had again acknowledged their liability. Therefore, the limitation starts to run from the date of such acknowledgment namely, Ex.P10 dated 29.03.2013.32. The suit being a Commercial Dispute, claim of interest @ 18 % per annum is justified. It is nearly 10 years, since the date of completion of the work by the Plaintiff and the Plaintiff had not been paid their legitimate claims by the Defendant.33. In view of these facts, the points which had arisen for consideration namely, discharge of burden of proof by the Plaintiff, acknowledgment of liability by the Defendant, the point of limitation, and whether the Plaintiff had established their claim and the rate of interest are all answered in favour of the Plaintiff.34. In view of the above reasons, the suit is decreed, with costs as prayed for. Consequently, the connected application is closed.35. Insofar as the costs are concerned, in view of the fact that the defendant had shown scant regard for the sanctity of the judicial proceedings by deliberately not filing the written statement, I hold that the plaintiff is entitled to costs as determined under the amended Section 35 of the Code of Civil Procedure as applicable to the Commercial Division of the High Court.36. Registry is delegated by the Court to determine the costs as per the Bill of Costs submitted by the plaintiff in accordance with Section 35 CPC as amended by the Commercial Courts Act 2015. The plaintiff is specifically entitled to the fees and expenses of the witnesses, the legal fees and expenses incurred and for any other expenses incurred in connection with the judicial proceedings and also for recovery of the actual Court fees paid into Court.
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