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



M/s. Sree Mangayarkarasi Mills Pvt. Ltd. rep. by its Director Murugesan Madurai District v/s M/s. Kikani Exports Pvt. Ltd. rep. by its Director Vrajesh L.Kikani Coimbatore & Another


Company & Directors' Information:- R T EXPORTS LIMITED [Active] CIN = L51900MH1980PLC022582

Company & Directors' Information:- R B A EXPORTS PVT. LTD. [Active] CIN = U27109WB1989PTC047383

Company & Directors' Information:- H R M EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC131299

Company & Directors' Information:- K H EXPORTS INDIA PRIVATE LIMITED [Active] CIN = U19129TN1985PTC011821

Company & Directors' Information:- N W EXPORTS LIMITED [Amalgamated] CIN = U99999MH1946PLC004840

Company & Directors' Information:- K B EXPORTS PRIVATE LIMITED [Active] CIN = U70200DL1998PTC096113

Company & Directors' Information:- U V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2014PTC264761

Company & Directors' Information:- A B EXPORTS PRIVATE LIMITED [Active] CIN = U51398DL1996PTC223961

Company & Directors' Information:- S V T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U60231KA2009PTC050975

Company & Directors' Information:- S R S EXPORTS PRIVATE LIMITED [Active] CIN = U52311PB1995PTC017081

Company & Directors' Information:- V M D MILLS PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004822

Company & Directors' Information:- T R B EXPORTS PRIVATE LIMITED [Active] CIN = U35999PB1994PTC014312

Company & Directors' Information:- M H K EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL2009PTC188043

Company & Directors' Information:- P R EXPORTS LTD [Active] CIN = U51909WB1981PLC034199

Company & Directors' Information:- M J EXPORTS PRIVATE LIMITED [Active] CIN = U17100MH1972PTC015802

Company & Directors' Information:- S AND Y MILLS LIMITED [Not available for efiling] CIN = U17111TZ1994PLC005460

Company & Directors' Information:- KIKANI EXPORTS PRIVATE LIMITED [Active] CIN = U05110TZ2000PTC009278

Company & Directors' Information:- R R EXPORTS PVT. LTD. [Active] CIN = U51909WB1987PTC041982

Company & Directors' Information:- A B R EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U51909KA1975PTC002912

Company & Directors' Information:- S B K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KA2007PTC043963

Company & Directors' Information:- K T EXPORTS (INDIA) PRIVATE LIMITED [Active] CIN = U51900MH2000PTC129260

Company & Directors' Information:- B. N. EXPORTS PRIVATE LIMITED [Active] CIN = U01111WB2007PTC114463

Company & Directors' Information:- M N R EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB1997PTC085123

Company & Directors' Information:- G C S EXPORTS PRIVATE LIMITED [Active] CIN = U51909AS2005PTC007825

Company & Directors' Information:- J L K EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC126448

Company & Directors' Information:- C R MILLS COIMBATORE PRIVATE LIMITED [Active] CIN = U17111TZ2002PTC010317

Company & Directors' Information:- O B S EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1980PTC010840

Company & Directors' Information:- S M M EXPORTS PRIVATE LIMITED [Active] CIN = U51398DL1999PTC098793

Company & Directors' Information:- G T N EXPORTS LIMITED [Not available for efiling] CIN = U51909KL1996PLC010047

Company & Directors' Information:- R P R EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U15499TN1997PTC039167

Company & Directors' Information:- SREE MANGAYARKARASI MILLS PRIVATE LIMITED [Active] CIN = U17111TN1984PTC010578

Company & Directors' Information:- A O V EXPORTS PRIVATE LIMITED [Active] CIN = U74999DL2002PTC114617

Company & Directors' Information:- D S S I EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U00000DL1990PTC042097

Company & Directors' Information:- L M J EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1994PTC065438

Company & Directors' Information:- SREE EXPORTS PVT. LTD. [Strike Off] CIN = U19129WB1992PTC056828

Company & Directors' Information:- S D R EXPORTS PVT LTD [Active] CIN = U51909WB1993PTC058739

Company & Directors' Information:- K P EXPORTS PVT LTD [Active] CIN = U17222RJ1980PTC002086

Company & Directors' Information:- J M MILLS PRIVATE LIMITED [Active] CIN = U17111TZ2006PTC013113

Company & Directors' Information:- M A R EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1992PTC046991

Company & Directors' Information:- H. M. X. EXPORTS PRIVATE LIMITED [Active] CIN = U27105TN2007PTC064482

Company & Directors' Information:- S R K EXPORTS PRIVATE LIMITED [Active] CIN = U18101TN2001PTC047273

Company & Directors' Information:- R B B R EXPORTS LIMITED [Active] CIN = U51900MH2004PLC095395

Company & Directors' Information:- D V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC126430

Company & Directors' Information:- R G A EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055809

Company & Directors' Information:- P A MILLS INDIA LTD. [Not available for efiling] CIN = U17111TN1990PLC019762

Company & Directors' Information:- K N M MILLS PRIVATE LIMITED [Active] CIN = U17115TZ1990PTC002702

Company & Directors' Information:- G T EXPORTS PVT LTD [Strike Off] CIN = U74899DL1988PTC031057

Company & Directors' Information:- P T EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC079851

Company & Directors' Information:- G S EXPORTS PRIVATE LIMITED [Active] CIN = U52322MH2005PTC154073

Company & Directors' Information:- D. F. EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2009PTC135506

Company & Directors' Information:- R A G EXPORTS PRIVATE LIMITED [Active] CIN = U63040PB1998PTC021522

Company & Directors' Information:- T W EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1991PTC045854

Company & Directors' Information:- K K K EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL2002PTC117868

Company & Directors' Information:- M R D EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1994PTC078469

Company & Directors' Information:- A K EXPORTS PVT LTD [Amalgamated] CIN = U51909DL1993PTC185233

Company & Directors' Information:- S S B I EXPORTS PRIVATE LIMITED [Active] CIN = U51100GJ2000PTC037695

Company & Directors' Information:- P S P C EXPORTS PRIVATE LIMITED [Active] CIN = U19201TN1995PTC032123

Company & Directors' Information:- K AND K EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC068805

Company & Directors' Information:- N T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U05005WB1998PTC087900

Company & Directors' Information:- K H EXPORTS PRIVATE LIMITED [Amalgamated] CIN = U19119TN1987PTC014484

Company & Directors' Information:- C K K EXPORTS PRIVATE LIMITED [Active] CIN = U51909MH2005PTC151252

Company & Directors' Information:- V K V EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2011PTC227775

Company & Directors' Information:- B M D EXPORTS PRIVATE LIMITED [Active] CIN = U51100GJ2004PTC045212

Company & Directors' Information:- V K A EXPORTS LTD. [Strike Off] CIN = U17119WB1992PLC056600

Company & Directors' Information:- C B EXPORTS PVT LTD [Strike Off] CIN = U17115DL1980PTC010566

Company & Directors' Information:- V A A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2006PTC166078

Company & Directors' Information:- J B EXPORTS PRIVATE LTD [Active] CIN = U51109DL1984PTC017683

Company & Directors' Information:- D H EXPORTS PRIVATE LIMITED [Active] CIN = U18101MH2004PTC089360

Company & Directors' Information:- R F S L EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1998PTC087291

Company & Directors' Information:- G M EXPORTS PVT LTD [Active] CIN = U51909GJ1982PTC005771

Company & Directors' Information:- N AND D EXPORTS PRIVATE LIMITED [Amalgamated] CIN = U74899DL1993PTC051946

Company & Directors' Information:- C M S EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2005PTC103054

Company & Directors' Information:- Z S EXPORTS (INDIA) LIMITED [Active] CIN = U74899DL1991PLC046882

Company & Directors' Information:- A EXPORTS PRIVATE LIMITED [Active] CIN = U14101DL2003PTC122819

Company & Directors' Information:- J V S EXPORTS PVT LTD. [Active] CIN = U17115WB1989PTC046846

Company & Directors' Information:- P C EXPORTS PRIVATE LIMITED [Active] CIN = U28920KA1990PTC010772

Company & Directors' Information:- G D EXPORTS PVT LTD [Active] CIN = U51909WB1989PTC047967

Company & Directors' Information:- M M P EXPORTS PRIVATE LIMITED [Active] CIN = U18101DL1997PTC087416

Company & Directors' Information:- G M MILLS PRIVATE LIMITED [Active] CIN = U51900MH1999PTC122189

Company & Directors' Information:- I B S EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117784

Company & Directors' Information:- T S L EXPORTS LTD. [Strike Off] CIN = U51223WB1990PLC050436

Company & Directors' Information:- M L K EXPORTS PRIVATE LIMITED [Active] CIN = U52322UP2004PTC029369

Company & Directors' Information:- M S P EXPORTS PRIVATE LIMITED [Active] CIN = U51226KA1975PTC002926

Company & Directors' Information:- P T C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74210MH1976PTC018834

Company & Directors' Information:- L & G EXPORTS PVT LTD [Strike Off] CIN = U29191WB1975PTC030351

Company & Directors' Information:- C & A EXPORTS PVT LTD [Strike Off] CIN = U24119WB1978PTC031538

Company & Directors' Information:- S K B EXPORTS PVT LTD [Active] CIN = U51909PB1986PTC006940

Company & Directors' Information:- A B M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2006PTC146367

Company & Directors' Information:- H D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB1998PTC021887

Company & Directors' Information:- A AND F EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101KA1995PTC017466

Company & Directors' Information:- S C J EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053804

Company & Directors' Information:- A D EXPORTS PVT LTD [Active] CIN = U70101WB1991PTC053651

Company & Directors' Information:- D G EXPORTS PVT LTD [Active] CIN = U51909WB1996PTC079352

Company & Directors' Information:- S P J EXPORTS PVT. LTD [Strike Off] CIN = U27106WB1989PTC046733

Company & Directors' Information:- S R J EXPORTS PVT LTD [Strike Off] CIN = U51909CH1988PTC007989

Company & Directors' Information:- A P EXPORTS PRIVATE LIMITED [Active] CIN = U17115TZ1988PTC002223

Company & Directors' Information:- S N H EXPORTS PRIVATE LIMITED [Active] CIN = U51101MH2007PTC176084

Company & Directors' Information:- P L A EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1974PTC017700

Company & Directors' Information:- AT EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2016PTC216254

Company & Directors' Information:- R N M EXPORTS PRIVATE LIMITED [Active] CIN = U13209WB2004PTC097636

Company & Directors' Information:- G P EXPORTS PRIVATE LIMITED [Active] CIN = U51900MH1983PTC030202

Company & Directors' Information:- S R B EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1998PTC093624

Company & Directors' Information:- A M D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062322

Company & Directors' Information:- A K C L EXPORTS LIMITED [Strike Off] CIN = U51311RJ1994PLC008631

Company & Directors' Information:- N R T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311DL2000PTC105876

Company & Directors' Information:- S S EXPORTS (INDIA) PVT LTD [Active] CIN = U17121WB1985PTC038437

Company & Directors' Information:- P. J. EXPORTS PRIVATE LIMITED [Active] CIN = U74992GJ2007PTC049876

Company & Directors' Information:- K M B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2001PTC112629

Company & Directors' Information:- R G EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034616

Company & Directors' Information:- V B EXPORTS PVT LTD [Strike Off] CIN = U51909WB1988PTC044947

Company & Directors' Information:- M M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC036407

Company & Directors' Information:- R C L EXPORTS (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2005PTC143513

Company & Directors' Information:- A T EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC026511

Company & Directors' Information:- M K V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101TZ2000PTC009170

Company & Directors' Information:- V I P EXPORTS PRIVATE LIMITED [Active] CIN = U52397MH2007PTC174922

Company & Directors' Information:- N B T EXPORTS PRIVATE LIMITED [Active] CIN = U65990MH1982PTC028147

Company & Directors' Information:- F M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC138934

Company & Directors' Information:- D R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1975PTC007859

Company & Directors' Information:- A G R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC060903

Company & Directors' Information:- M. G. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL2008PTC176295

Company & Directors' Information:- G T B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC129698

Company & Directors' Information:- D K G EXPORTS PRIVATE LIMITED [Active] CIN = U15423DL2007PTC160059

Company & Directors' Information:- V G J EXPORTS PRIVATE LIMITED [Active] CIN = U17309KA2020PTC136238

Company & Directors' Information:- A M S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52599TN1992PTC022906

Company & Directors' Information:- M J R EXPORTS PVT LTD [Strike Off] CIN = U51909KL1994PTC007902

Company & Directors' Information:- G N EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U00061KA1988PTC008899

Company & Directors' Information:- S K C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52599TN1994PTC027533

Company & Directors' Information:- N K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52311MH2000PTC129489

Company & Directors' Information:- A M EXPORTS LIMITED [Strike Off] CIN = U51109PB1996PLC017635

Company & Directors' Information:- B G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909CH1996PTC018711

Company & Directors' Information:- M R V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U14109TN1996PTC036883

Company & Directors' Information:- MANGAYARKARASI PRIVATE LIMITED [Strike Off] CIN = U99999TN1962PTC004876

Company & Directors' Information:- E V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52321TN1994PTC029590

Company & Directors' Information:- M K V EXPORTS PRIVATE LIMITED [Not available for efiling] CIN = U51410TN1999PTC043250

Company & Directors' Information:- V. N. A. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL1993PTC053422

Company & Directors' Information:- S AND J EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1999PTC013064

Company & Directors' Information:- M G M EXPORTS PVT LTD [Strike Off] CIN = U51909WB1980PTC032489

Company & Directors' Information:- D AND A EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038349

Company & Directors' Information:- P. S. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17121DL2007PTC164402

Company & Directors' Information:- S R W EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2003PTC121393

Company & Directors' Information:- N C C R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51109DL1984PTC018785

Company & Directors' Information:- R S H EXPORTS PRIVATE LIMITED [Strike Off] CIN = U00063KA1997PTC021965

Company & Directors' Information:- T R MILLS PRIVATE LIMITED [Active] CIN = U17111KA1954PTC000799

Company & Directors' Information:- P A V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC057134

Company & Directors' Information:- T M EXPORTS PVT LTD [Active] CIN = U51909WB1988PTC045226

Company & Directors' Information:- J B I EXPORTS PRIVATE LIMITED [Active] CIN = U17100MH1997PTC105972

Company & Directors' Information:- P B M EXPORTS PVT LTD [Active] CIN = U51909PB1989PTC009359

Company & Directors' Information:- H T EXPORTS PRIVATE LIMITED [Active] CIN = U52322KA1982PTC004661

Company & Directors' Information:- S N P EXPORTS PRIVATE LIMITED [Dissolved] CIN = U00245KA1970PTC001944

Company & Directors' Information:- K K G EXPORTS PVT LTD [Active] CIN = U74999WB1991PTC050957

Company & Directors' Information:- N D EXPORTS PVT LTD [Converted to LLP and Dissolved] CIN = U51909GJ1993PTC019292

Company & Directors' Information:- R D P EXPORTS PVT. LTD. [Dissolved] CIN = U51494WB1992PTC055473

Company & Directors' Information:- G D EXPORTS PVT LTD [Under Liquidation] CIN = U51900WB1973PTC028662

Company & Directors' Information:- G G S EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1981PTC011624

Company & Directors' Information:- R T EXPORTS PVT LTD [Active] CIN = U51909WB1989PTC047639

Company & Directors' Information:- C G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1990PTC039074

Company & Directors' Information:- D AND D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999DL1993PTC052633

Company & Directors' Information:- K A EXPORTS PRIVATE LIMITED [Active] CIN = U34300PB1990PTC010165

Company & Directors' Information:- U J EXPORTS PVT LTD. [Active] CIN = U51109WB1988PTC045435

Company & Directors' Information:- IN EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034535

Company & Directors' Information:- A 1 EXPORTS PRIVATE LIMITED [Active] CIN = U51909PB1998PTC020956

Company & Directors' Information:- S. E. EXPORTS PRIVATE LIMITED [Active] CIN = U05004UP1995PTC017843

Company & Directors' Information:- R M B EXPORTS PRIVATE LIMITED [Active] CIN = U51109WB1999PTC090072

Company & Directors' Information:- S P G EXPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U51909WB2004PTC100829

Company & Directors' Information:- U & I EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055089

Company & Directors' Information:- J T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC128939

Company & Directors' Information:- Y AND Y EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2006PTC145143

Company & Directors' Information:- S R (INDIA) EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064392

Company & Directors' Information:- K F S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC110011

Company & Directors' Information:- P V S EXPORTS PRIVATE LIMITED [Active] CIN = U51900KA1976PTC003022

Company & Directors' Information:- H G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC072162

Company & Directors' Information:- J M A EXPORTS PVT LTD [Strike Off] CIN = U45202PB1964PTC001375

Company & Directors' Information:- S D S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U65032AP1997PTC027023

Company & Directors' Information:- R A B EXPORTS PRIVATE LIMITED [Strike Off] CIN = U19202DL1984PTC018036

Company & Directors' Information:- J D M EXPORTS ( INDIA) PRIVATE LIMITED [Strike Off] CIN = U74990DL1987PTC030149

Company & Directors' Information:- I TO N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52322DL1995PTC072744

Company & Directors' Information:- K N B EXPORTS LIMITED [Strike Off] CIN = U63040CH1996PLC018051

Company & Directors' Information:- V R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PN1999PTC013327

Company & Directors' Information:- R AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999DL1989PTC036797

Company & Directors' Information:- S R A EXPORTS INDIA PRIVATE LIMITED [Strike Off] CIN = U18101KL1992PTC006778

Company & Directors' Information:- J S P EXPORTS LIMITED [Strike Off] CIN = U51109UP1995PLC017852

Company & Directors' Information:- J F C EXPORTS PVT LTD [Strike Off] CIN = U57226WB1977PTC031157

Company & Directors' Information:- V K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101TG1994PTC018557

Company & Directors' Information:- H & H EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17219DL1995PTC068987

Company & Directors' Information:- S K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52100DL1969PTC005105

Company & Directors' Information:- P S M EXPORTS PVT LTD [Strike Off] CIN = U51900MH1981PTC024810

Company & Directors' Information:- M F B EXPORTS PVT LTD [Strike Off] CIN = U29309TN1989PTC016944

Company & Directors' Information:- K S EXPORTS (INDIA) PVT LTD [Strike Off] CIN = U99999DL1982PTC014804

Company & Directors' Information:- G. EXPORTS PVT LTD [Active] CIN = U51909DL1989PTC034690

Company & Directors' Information:- A AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL1994PTC060898

Company & Directors' Information:- P P K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311TZ2001PTC009705

Company & Directors' Information:- D Y EXPORTS PRIVATE LIMITED [Active] CIN = U51311DL2002PTC117474

Company & Directors' Information:- S V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1995PTC009740

Company & Directors' Information:- F C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51398TG1997PTC026815

Company & Directors' Information:- C M A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74999DL1984PTC018445

Company & Directors' Information:- S P S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC142414

Company & Directors' Information:- M C EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC044271

Company & Directors' Information:- B L D EXPORTS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC053602

Company & Directors' Information:- R L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034754

Company & Directors' Information:- K. T. M. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74999UP2005PTC031149

Company & Directors' Information:- C L EXPORTS PRIVATE LIMITED [Active] CIN = U51909WB2014PTC201763

Company & Directors' Information:- R P EXPORTS PVT LTD [Active] CIN = U52190WB1988PTC043576

Company & Directors' Information:- A AND N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC123528

Company & Directors' Information:- I I EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC125685

Company & Directors' Information:- A S G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC133462

Company & Directors' Information:- F B N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51311KL2002PTC015567

Company & Directors' Information:- J S EXPORTS PVT LTD [Strike Off] CIN = U18101WB1976PTC030669

Company & Directors' Information:- L B EXPORTS PVT LTD [Strike Off] CIN = U99999DL1981PTC011770

Company & Directors' Information:- G E EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101PB1999PTC022745

Company & Directors' Information:- N. V. EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TG1981PTC003088

Company & Directors' Information:- A & Z EXPORTS PRIVATE LIMITED [Strike Off] CIN = U52590DL1995PTC065933

Company & Directors' Information:- B M S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC022970

Company & Directors' Information:- C S P EXPORTS PVT LTD [Strike Off] CIN = U52321TN1987PTC015088

Company & Directors' Information:- S M S EXPORTS PVT. LTD. [Strike Off] CIN = U52599TN1989PTC017759

Company & Directors' Information:- K D EXPORTS PVT LTD [Strike Off] CIN = U51900MH1981PTC025255

Company & Directors' Information:- S H R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51390TG1996PTC024134

Company & Directors' Information:- I C L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TZ2004PTC010968

Company & Directors' Information:- B P EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC027564

Company & Directors' Information:- R U EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB2000PTC023628

Company & Directors' Information:- A V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB2010PTC034427

Company & Directors' Information:- S R EXPORTS PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127505

Company & Directors' Information:- J N K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101MH2013PTC240000

Company & Directors' Information:- G AND V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U17290MH2013PTC243077

Company & Directors' Information:- H H K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51494MH2004PTC147111

Company & Directors' Information:- J D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC122821

Company & Directors' Information:- J N D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U36912MH2012PTC233325

Company & Directors' Information:- S U K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC143006

Company & Directors' Information:- P AND A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC143381

Company & Directors' Information:- R G S T EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TN2003PTC050349

Company & Directors' Information:- S S V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909TZ2003PTC010733

Company & Directors' Information:- G & H EXPORTS PRIVATE LIMITED [Active] CIN = U51101UP2015PTC068447

Company & Directors' Information:- K B R EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC062164

Company & Directors' Information:- S R N EXPORTS PRIVATE LIMITED [Strike Off] CIN = U00000DL2001PTC109284

Company & Directors' Information:- N A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC163353

Company & Directors' Information:- J M EXPORTS PRIVATE LIMITED [Active] CIN = U74140DL2015PTC281567

Company & Directors' Information:- A K M EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL1996PTC075590

Company & Directors' Information:- Y B EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2004PTC125669

Company & Directors' Information:- Z A EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC126237

Company & Directors' Information:- I P G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC133755

Company & Directors' Information:- B S G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC134122

Company & Directors' Information:- G S G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC134290

Company & Directors' Information:- D S N EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U51909DL2005PTC138224

Company & Directors' Information:- S M G EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2005PTC136386

Company & Directors' Information:- R B T EXPORTS PRIVATE LIMITED [Active] CIN = U51909DL2015PTC286172

Company & Directors' Information:- G. A. EXPORTS PRIVATE LIMITED [Converted to LLP] CIN = U74999DL2007PTC158820

Company & Directors' Information:- T T EXPORTS PRIVATE LIMITED [Active] CIN = U51311DL2003PTC122519

Company & Directors' Information:- Z M EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51497MP2010PTC024336

Company & Directors' Information:- N K EXPORTS (INDIA) LIMITED [Strike Off] CIN = U00061BR1987PLC002555

Company & Directors' Information:- B B L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U18101DL1983PTC016088

Company & Directors' Information:- R D EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC070536

Company & Directors' Information:- V AND V EXPORTS PRIVATE LIMITED [Strike Off] CIN = U15201TG2004PTC044495

Company & Directors' Information:- K R EXPORTS PRIVATE LIMITED. [Strike Off] CIN = U18101DL1986PTC022942

Company & Directors' Information:- G R EXPORTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909KA1990PTC011271

Company & Directors' Information:- R K EXPORTS PVT LTD [Strike Off] CIN = U52322CH1980PTC004234

Company & Directors' Information:- A S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U74900DL1987PTC027301

Company & Directors' Information:- N L EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1999PTC013062

Company & Directors' Information:- R S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U99999MH1980PTC022965

Company & Directors' Information:- I & K EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PN2008PTC132158

Company & Directors' Information:- A K EXPORTS PVT LTD [Strike Off] CIN = U99999DL1978PTC008988

Company & Directors' Information:- S M D L EXPORTS PVT LTD [Strike Off] CIN = U51909DL1975PTC007846

Company & Directors' Information:- VRAJESH PRIVATE LIMITED [Under Process of Striking Off] CIN = U17120GJ1958PTC000905

Company & Directors' Information:- P P EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026876

Company & Directors' Information:- A O G EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51909PB1997PTC019454

Company & Directors' Information:- B S EXPORTS PRIVATE LIMITED [Strike Off] CIN = U51100MH1974PTC017179

Company & Directors' Information:- VRAJESH PRIVATE LIMITED [Not available for efiling] CIN = U99999MH1958PLC011201

Company & Directors' Information:- T-P EXPORTS PVT LTD [Strike Off] CIN = U51909WB1976PTC030423

    A.S.Nos. 609 & 610 of 2011 & M.P.No. 1 of 2011

    Decided On, 06 November 2019

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE T. RAVINDRAN

    For the Appellant: S. Mukunth for M/s. Sarvabhauman Associates, Advocates. For the Respondents: R1, R. Parthasarathy, Advocate, R2, No appearance.



Judgment Text

(Prayer: First Appeals filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 26.02.2010 made in O.S.Nos.972 of 2004 and 93 of 2009 on the file of Additional District Judge cum Fast Tract Court, No.I at Coimbatore.)

Common Judgment:

A.S.Nos.609 and 610 of 2011 are directed against the judgment and decree dated 26.02.2010 passed in O.S.Nos.972 of 2004 and 93 of 2009 on the file of the Additional District Judge Fast Track Court No.1, Coimbatore.

2. O.S.No.972 of 2004 has been laid for the recovery of money and O.S.No.97 of 2009 has been laid for mandatory injunction or in the alternative for paying a sum of Rs.76,401/- towards the tax amount, penal interest of Rs.38,201/- and also for damages.

3. The case of the respondent in both the suits, in brief, is that it is an exporter and commission agent engaged in the export of cotton and cotton yarns and through the second defendant placed orders on the appellant for the purchase of 100% spun cotton yarn and with reference to the same, sales confirmation was issued by the second defendant and the purchase order was issued by the respondent on the appellant. As per the same, the delivery should be made by the appellant before the prescribed time limit and the appellant was fully aware of the fact that the yarn was being purchased by the respondent for merchant export and trusting that the appellant would perform the contract as per the terms, the respondent entered into the sales contract with overseas buyers, namely, Sun Moon Trading Company, Seoul, Korea and Celtex Weaving Mills, EC, Bahrain, assuring them that the shipment would be made before 31.12.2003. However, the appellant had unilaterally and unreasonably informed that it would be able to supply the cotton only if the contract price is hiked by Rs.3.50 per Kg in respect of both the contracts and with a view to conclude the contract with the overseas buyers, the respondent agreed for the price variation and insisted the appellant to keep up the delivery schedule and the appellant had confirmed the supplies at the revised price, however, unilaterally extended the dead line for delivery and structured it as first container would be delivered before 24.11.2013, the second container before 15.12.2003, the third container before 30.12.2003 and the fourth container before 13.01.2004. Left with no other option, the respondent accepted the unilateral revision of the delivery schedule of the appellant. However, a proforma invoice dated 19.11.2003 in respect of 18,144 kgs at the rate of Rs.131.50 per kg raised by the appellant was received by the respondent and it was stated in the abovesaid proforma invoice that the goods would be ready only on 04.12.2003 i.e. 10 days beyond the agreed date of delivery. However, the appellant had backed out of the abovesaid obligation and informed that it would be able to dispatch only 14,515 kgs and on 01.12.2003, a modified proforma invoice for the supply of 14,515 kgs of cotton yarn was raised by the appellant and based on the same, the respondent had advised their bankers to pay the appellant the sum mentioned in the invoice and further directed the appellant to deliver the yarn to their forwarding agent at Tuticorin and after the supply of the same, no further supplies were forth coming from the appellant despite the repeated reminders and vide fax message dated 08.12.2003 the appellant held out that the delivery of the second consignment would be made on 05.01.2004 only and not on 15.12.2003 expressing certain difficulties and with reference to the delivery of the third and fourth lot of cotton, the appellant had postponed the same indefinitely without even fixing the revised time frame for the delivery. Meanwhile, the respondent faced extreme pressure from the overseas buyers and had to cut a sorry figure and the overseas buyers refused to accept the cause for the delay put forth by the respondent and in the abovesaid circumstances, the respondent addressed a fax message dated 115.12.2003 to M/s. Sun Moon Trading Company asking for a further extension of time for the supply and the respondent had also informed the appellant that it intends to purchase the cotton from outside and would be debiting the loss to the account of the appellant and the same had been reiterated by the second defendant also through the fax message on 19.12.2003 to the appellant. However, the appellant remained silent and totally failed to perform the contract. While so, M/s. Sun Moon Trading company, vide letter dated 30.12.2003 informing the respondent that they would debit a sum of USD 10,000 for the non supply of two container as per the contract and following the same, raised a debit note for the aforestated sum. In respect of the contract with M/s.Celtex Weaving Mills, the respondent had to purchase 19,051.20 Kgs at the rate of Rs.142/- per kg from M/s. Sandhya Spinning mills for a total value of Rs.27,06,623/-. Thereby on account of the failure of the appellant in keeping up the delivery of the consignment as per the terms of the contract due to the breach of contract on the part of the appellant, according to the respondent, it had, in toto, sustained a loss as detailed in the plaint in 3 items amounting to Rs.7,45,512/- and accordingly caused a legal notice on 26.03.2004 to the appellant to pay the said sum and though in the notice, the respondent had claimed a total sum of Rs.11,45,512/-, however, restricted the loss of goodwill and reputation to one lakh and the appellant caused a reply notice dated 26.04.2004 containing false allegations, hence, according to the respondent, the need for the suit for recovery of money. Furthermore, the respondent also pleaded that due to the breach of contract on the part of the appellant, the appellant is not entitled to claim the reliefs prayed for in the suit laid by it in O.S.No.93 of 2009.

4. The appellant put forth the case in both the matters contending that though they had agreed to supply the cotton yarn to the respondent as per the confirmation and purchase order, however, stated that it was not apprised by the respondent that it would be supplying the cotton yarn to the overseas buyers. The appellant further disputed the case of the respondent that it failed to keep up the delivery schedule and contended that the respondent had agreed to the revised delivery schedule put forth by the appellant and further put forth the case that for the delivery effected by the appellant, payment had been made by the respondent and admitted that no further supply had been made by the appellant, however, put forth the case that the reasons had been given for the non supply vide letter dated 07.11.2003 and contended that no document has been produced by the respondent to evidence its contract with overseas buyers excepting a few correspondences and justified the claim of the appellant in seeking enhanced price for the cotton yard due to the fluctuation in the price and disputed the claim of the respondent to an extent of Rs.7,45,512/- as detailed in the plaint and also disputed in particular that the respondent had suffered damages due to the loss of goodwill/reputation and contended that the respondent has failed to establish that the overseas buyer had raised a debit note for the non supply of yarn in USD 10,000 and further disputed the case of the respondent that it had to purchase the cotton from outside and supply the same to Celtex weaving Mills, Bahrain and contended that it has not committed any breach of contract and further put forth the case that as per the terms of the contract, the respondent is liable to sent Form-H declaration for claiming the deduction in the sales tax with reference to the supply of cotton yarn, however, the respondent had failed to supply Form-H and consequently the appellant was unable to produce the same before the assessing officer and hence contended that the respondent is liable to furnish Form-H declaration to the appellant or otherwise pay the consequential tax amount at the rate of 4% along with penal interest at the rate of 2% on the tax amount from 20.01.2004 and also further put forth the case that on account of the failure of the respondent in non supplying Form-H, the appellant-s reputation has been degraded and it is entitled to claim the damages in a sum of Rs.10,000/- and hence according to the appellant, it has been necessitated to lay the suit for appropriate reliefs against the respondent and also prayed for the dismissal of the suit laid by the respondent.

5. Both the suits abovestated had been jointly tried and common evidence had been adduced in both the matters. The evidence has come to be recorded in O.S.No.972 of 2004.

6. In support of the respondent’s case P.W.1 was examined and Exs.A1 to A46 were marked. On the said of the appellant D.W.1 was examined and Exs. B1 to B12 were marked.

7. On the the basis of the abovesaid pleas set out by the respective parties, the following issues were framed by the trial court for consideration.

O.S.No.972 of 2004

1. Whether the plaintiff is entitled to recover the suit amount from the first defendant as prayed for in the plaint?

2. Whether the defendant is committed breach of contract as alleged by the plaintiff?

3. To other relief the plaintiff is entitled to?

O.S. No.93 of 2009

1. Whether the plaintiff is entitled to the mandatory injunction as prayed for?

2. Whether the plaintiff is entitled to the alternative relief of Rs.76,401/- as claimed?

3. Whether the plaintiff is entitled to Rs.10,000/- as damages from the defendant?

4. Whether this court has jurisdiction to try this case?

5. Whether the suit is stalled by Section 10 CPC?

6. To what relief?

8. On a consideration of the oral and documentary evidence adduced by the respective parties and the submissions made, the trial court was pleased to partly decree the suit in O.S.No.972 of 2004 by directing the appellant to pay a sum of Rs.2,90,512/- together with interest at the rate of 6% from the date of suit till realization and partly decreed the suit laid by the appellant in O.S.No.93 of 2009 by directing the respondent to issue form H declaration as per the provisions of the Central Sale Tax Act for the supply of goods by the appellant. Impugning the judgment and decree of the trial court in both the matters, the abovesaid appeals had been preferred by the appellant.

9. The following points arise for determination in the first appeals.

1. Whether the respondent is entitled to the amount from the appellant with interest towards the non performance of the contract as determined by the trial Court?

2. Whether the trial court is justified in partly decreeing the suit laid by the appellant by directing the respondent to issue form H declaration with reference to the supply of the goods made by the appellant as per the provisions of the Central Sales Tax Act?

3. To what relief the appellant is entitled to?

4. To what relief the respondent is entitled?

Point Nos. 1 and 2

10. From the pleas put forth by the respective parties and the materials placed on record, it is found that the contract has been entered into between the respondent and the appellant qua the supply of 100% spun cotton yarn and as per the sale confirmation issued by the second defendant to the appellant on behalf of the respondent, the purchase order was issued by the respondent to the appellant with reference to the same, marked as Exs.A1 to A4. It is found that the appellant has to supply the cotton yarn as per the price specified therein before a particular time schedule. It is further seen that consequent to the contract entered into with the appellant, as above pointed out, the respondent has also made contracts with the overseas buyers, namely, M/s. Sun Moon Trading Company, Seoul, Korea and M/s.Celtex Weaving Mills, EC, Bahrain promising them that the shipments would be made by the particular time schedule. The materials placed on record go to show that the appellant sought for the revised price for the supply of cotton yarn and the same had been agreed to by the respondent and following the same, it is further seen that the invoice had been unilaterally raised by the appellant promising to send the delivery within a time limit as determined by it and not agreed to under the original contract and it is further seen that the abovesaid revision of delivery schedule put forth by the appellant had also been accepted by the respondent and despite the abovesaid position, it is found that the appellant had failed to keep up the delivery schedule both in terms of delivery as well with reference to the quantity of the consignment and it is found that only a portion of the goods had been supplied by the appellant, that too, beyond the revised delivery schedule as agreed to by it and on account of the failure of the appellant to deliver the cotton yarn as fixed under the contract and on the other hand, only a portion of the goods had been supplied that too beyond the time schedule and the appellant had failed to effect no further supplies as per the terms of the contract, it is found that the respondent had been unable to keep up its promise with the overseas buyers and therefore, had to face a debit note raised by the overseas buyer, namely, Sun Moon Trading Company for USD 10,000 amounting to Rs.4,55,000/- and furthermore, the respondent had also been necessitated to purchase the goods from outside and supply the same to Celtex Weaving mills, Bahrain, thereby sustained loss to an extent of Rs.1,90,512/- and on account of the breach of contract and the sorry figure which the respondent had been forced to sustain thereby the goodwill/reputation of the respondent having been affected, claiming the loss towards the same in a sum of Rs.1,00,000/- in toto, the respondent had instituted the suit against the appellant claiming a sum of Rs.7,45,512/- from the appellant.

11. As above pointed out, the contract entered into between the parties is not a issue. It is also seen that the appellant had failed to keep up the supply of the cotton yarn as agreed to under the contract. Only a portion of the cotton yarn had been supplied by the appellant, that too, beyond the revised delivery schedule. Resultantly, it is found that the respondent had been unable to honour its obligations made to the overseas buyers and therefore, it is evident that the respondent had to sustain loss due to the same.

12. The appellant had put forth the defence that it is not aware of the intending contract made by the respondent with the overseas buyers. However, as rightly found and determined by the trial court, particularly, considering the evidence of D.W.1 made during the cross examination that the appellant is fully aware of the respondent’s company engaging in the export of cotton with foreigners and when the same is also gathered from the confirmation letters and the purchase orders marked as Exs.A1 to A4 and furthermore, the appellant having also claimed tax concession on account of the export made by the respondent with the overseas buyers by seeking form-H declaration from the respondent, the contention of the appellant that it is not aware of the export transaction, which the respondent had been effecting with the overseas buyers, as such, cannot be believed and rightly rejected by the trial court.

13. The respondent has claimed amount from the appellant on three heads, i.e., a sum of Rs.1,90,512/- towards the loss on account of the purchase of the cotton yarn at higher price for the supply to Celtex Weaving Mills, Bahrain, the loss sustained by it due to the debit notice raised by Sun Moon Trading Company for the non supply of yarn for USD 10,000 amounting to Rs.4,55,000/- and a sum of Rs.1,00,000/- for the loss of good will / reputation.

14. As regards the claim of USD 10,000 equivalent to Rs.4,55,000/- on account of the debit note raised by Sun Moon Trading Company, as held by the trial court, it is found that no acceptable material has been placed by the respondent pointing to the same and in such view of the matter, in the absence of any material placed on the part of the respondent that Sun Moon Trading Company, indeed, has raised a debit note for USD 10,000 and the respondent has honoured the same, in such view of the matter, the trial court is justified in declining the abovesaid claim made by the respondent from the appellant. The respondent has not put forth any challenge to the declinement of the abovesaid relief sought for by it either by filing an independent appeal or by filing cross objection in the present appeal. As regards the claim of Rs.1,90,512/- put forth by the respondent for the supply effected to celtex Weaving Mills Ltd., by procuring the goods from outside at higher price, considering the materials placed by the respondent particularly the invoice raised by Sandhya Spinning Mills Ltd., marked as Ex.A3 towards the supply of the goods to the respondent, in such view of the matter, when as put forth by the respondent, it had been necessitated to procure the goods from Sandhya Spinning Mills Ltd., and able to effect supply of the same to the overseas buyer, in such view of the matter and furthermore, the abovesaid developments had been necessitated on the part of the respondent due to the breach of the contract committed by the appellant, in such view of the matter, the trial court is justified in holding that the respondent is entitled to claim a sum of Rs.1,90,512/- towards the loss sustained by it on account of the purchase of the goods at higher price from outside for the supply to Celtex Weaving Mills Ltd., Bahrain.

15. The contention has been raised by the appellant’s counsel that the quality of the cotton procured by the respondent from Sandhya Spinning Mills Ltd., is not of the quality as agreed to be supplied bythe appellant and therefore, the question of claiming loss on the part of the respondent with reference to the same is not sustainable. As rightly put forth by the respondent’s counsel, considering the need on the part of the respondent qua the procurement of the cotton yarn from outside and accordingly it had procured the same from Sandhya Spinning Mills Ltd., under Ex.A33 invoice, when there is no material as such to hold that the quality supplied by way of Ex.A33 is of inferior quality than agreed to be supplied by the appellant or supplied by the appellant as such, in such view of the matter, the abovesaid argument does not hold good and as rightly put forth by the respondent’s counsel, the abovesaid contention had been made only for defeating the claim made by the respondent towards the loss sustained by it on account of the purchase at higher price for supplying to the overseas buyers.

16. With reference to the loss sustained by the respondent under the head loss of goodwill/reputation, when it is fo

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und that the appellant has failed to keep up the contract and apparently breached the same by not supplying the agreed quantity within the time schedule and had only supplied a lesser quantity, that too, beyond the schedule and resultantly the respondent is unable to keep up his promise to his overseas buyers and thereby, as abovenoted, appears to sustain loss, in such view of the matter, the case projected by the respondent that due to the breach of the contract on the part of the appellant, it had sustained loss of goodwill/reputation, cannot be easily brushed aside and considering the nature of the business carried on by the respondent, particularly with reference to overseas buyers, in such view of the matter, in my considered opinion, the quantum claimed by the respondent at the rate of Rs.1,00,000/- under the abovesaid heading is found to be not on the higher side and therefore, it is found that the trial court is justified in granting the said relief in favour of the respondent. No interference is called for with reference to the abovesaid grant of relief in favour of the respondent by the trial court. 17. As regards the claim of mandatory injunction sought for by the appellant, it is found that the counsel for the appellant had also made an endorsement of not pressing the relief of mandatory injunction as prayed for. However, the trial court had proceeded to direct the respondent to furnish Form-H declaration as per the provisions of the Central Sales Tax Tax with reference to the supply of goods effected by the appellant to the respondent and therefore, considering the same, the abovesaid direction of the trial court is found to be justified and needs no interference. Accordingly the point numbers 1 and 2 are answered. Point Numbers 3 & 4 18. For the reasons aforestated, the common judgment and decree passed in O.S.Nos.972 of 2004 and 93 of 2009 on the file of the Additional District Judge Fast Track Court No.1, Coimbatore, are confirmed and resultantly, the first appeals are dismissed with costs. Consequently, connected miscellaneous petition is closed.
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