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



M/s. Texcel International Pvt. Ltd., Sengundram Industrial Area (Near Ford India Ltd.,), Chengalpattu v/s M/s. Chennai Steel Tubes, Rep.by one of its Partner, G. Bhavanishankar


Company & Directors' Information:- FORD INDIA PRIVATE LIMITED [Active] CIN = U34103TN2000PTC045537

Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148

Company & Directors' Information:- H-ONE INDIA PRIVATE LIMITED [Active] CIN = U73200UP1997PTC023702

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- TEXCEL INTERNATIONAL PRIVATE LIMITED [Active] CIN = U28999TN2001PTC048200

Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849

Company & Directors' Information:- G. O. STEEL PRIVATE LIMITED [Active] CIN = U27100PB2007PTC031033

Company & Directors' Information:- STEEL TUBES OF INDIA LTD [Active] CIN = L34300MP1959PLC000875

Company & Directors' Information:- INTERNATIONAL TUBES INDIA PRIVATE LIMITED [Active] CIN = U27109KA2011PTC058933

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- C P S STEEL INDIA PRIVATE LIMITED [Active] CIN = U27104TZ2003PTC010552

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

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

Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

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:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726

Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998

Company & Directors' Information:- R. J. STEEL PRIVATE LIMITED [Active] CIN = U28112MH2009PTC193047

Company & Directors' Information:- K B TUBES PRIVATE LIMITED [Strike Off] CIN = U25202HR2001PTC034632

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270

Company & Directors' Information:- S F TUBES PRIVATE LIMITED [Active] CIN = U28910WB2014PTC200568

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- T C TUBES PRIVATE LIMITED [Active] CIN = U74992MH2011PTC224694

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

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

Company & Directors' Information:- M B TUBES PVT LTD [Active] CIN = U74899DL1990PTC041247

Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021

Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- INDIA STEEL INTERNATIONAL PRIVATE LIMITED [Active] CIN = U53221MH1992PTC065824

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- FORD INDIA LIMITED [Strike Off] CIN = U99999MH1995PLC091499

Company & Directors' Information:- B N TUBES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056601

Company & Directors' Information:- Y D STEEL PRIVATE LIMITED [Strike Off] CIN = U27109WB1997PTC086155

Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568

Company & Directors' Information:- B B TUBES PRIVATE LIMITED [Active] CIN = U27106PB2000PTC023600

Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811

Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206

Company & Directors' Information:- M C TUBES PVT LTD [Active] CIN = U27105WB1988PTC044270

Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447

Company & Directors' Information:- S D S TUBES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049996

Company & Directors' Information:- C S TUBES PRIVATE LIMITED [Active] CIN = U27200MH2000PTC125998

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- M R TUBES PRIVATE LTD [Active] CIN = U74899DL1988PTC031808

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

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

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- NEAR INDIA PRIVATE LIMITED [Active] CIN = U72200KA2009PTC050999

Company & Directors' Information:- M J TUBES PVT LTD [Strike Off] CIN = U27209WB1985PTC038634

Company & Directors' Information:- D P TUBES PVT LTD [Strike Off] CIN = U25191CH1994PTC015507

Company & Directors' Information:- R M TUBES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040707

Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675

Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634

Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409

Company & Directors' Information:- A P STEEL TUBES PRIVATE LIMITED [Active] CIN = U27106PB1999PTC022480

Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- K M TUBES PVT LTD [Strike Off] CIN = U27109WB2006PTC109054

Company & Directors' Information:- M. M. TUBES PRIVATE LIMITED [Under Process of Striking Off] CIN = U26900DL2010PTC202744

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432

Company & Directors' Information:- U M STEEL PRIVATE LIMITED [Strike Off] CIN = U27209TN1986PTC013670

Company & Directors' Information:- E & G STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U28113PN2009PTC134643

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

Company & Directors' Information:- C R STEEL AND TUBES PVT LTD [Active] CIN = U28914TG1988PTC008443

Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206

Company & Directors' Information:- H & G STEEL PRIVATE LIMITED [Active] CIN = U27109KL2020PTC063443

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976

Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588

Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915

Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259

Company & Directors' Information:- STEEL INDIA COMPANY (CHENNAI) PRIVATE LIMITED [Active] CIN = U27101TN2004PTC053840

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- A M Q STEEL PRIVATE LIMITED [Strike Off] CIN = U27310UP2012PTC053823

Company & Directors' Information:- K. N. TUBES PRIVATE LIMITED [Active] CIN = U27109WB2007PTC118571

Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960

Company & Directors' Information:- J T STEEL TUBES PVT LTD [Strike Off] CIN = U26921PB1993PTC013228

Company & Directors' Information:- R TUBES PVT LTD [Strike Off] CIN = U25201RJ1981PTC002305

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266

Company & Directors' Information:- J N STEEL TUBES PVT LTD [Strike Off] CIN = U27109DL1973PTC006847

Company & Directors' Information:- G K STEEL TUBES PVT LTD [Active] CIN = U28999PB1979PTC004084

Company & Directors' Information:- R K TUBES PVT LTD [Active] CIN = U27209WB1987PTC041904

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

Company & Directors' Information:- N K TUBES PVT LTD [Active] CIN = U27200MH1992PTC069376

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811

Company & Directors' Information:- M A S TUBES PRIVATE LIMITED [Strike Off] CIN = U74999DL2000PTC105430

Company & Directors' Information:- T R TUBES PVT LTD [Strike Off] CIN = U27109HR1988PTC030280

Company & Directors' Information:- M K G STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066480

Company & Directors' Information:- I R TUBES PVT LTD [Active] CIN = U25191MH1981PTC024179

Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426

Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566

Company & Directors' Information:- A S STEEL TUBES PVT LTD [Active] CIN = U25209CH1987PTC007611

Company & Directors' Information:- H S P STEEL PRIVATE LIMITED [Strike Off] CIN = U27100MH2013PTC242983

Company & Directors' Information:- R B R STEEL PRIVATE LIMITED [Active] CIN = U51103PB2013PTC037791

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- K P TUBES PRIVATE LIMITED [Active] CIN = U28910MH2015PTC260603

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

Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742

Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541

Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- X-ONE INDIA PRIVATE LIMITED [Active] CIN = U74999KA2017PTC104445

Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309

Company & Directors' Information:- STEEL CO PVT LTD [Strike Off] CIN = U51109WB1947PTC015981

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

Company & Directors' Information:- INDIA Z FORD COMPANY LIMITED [Dissolved] CIN = U99999MH1939PTC002997

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

    A.S. No. 593 of 2017 & C.M.P. No. 20183 of 2017

    Decided On, 05 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM

    For the Appellant: A.R. Nixon, Advocate. For the Respondent: M. Vijayanand, Advocate.



Judgment Text


(Prayer: Appeal filed under Section 96 & Order 41 Rule 1 of the Civil Procedure Code, against the Decree and Judgment dated 13.03.2017 passed in O.S.No.5298 of 2014 on the file of Learned XVII Additional City Civil Court, Chennai.)

1. The appeal suit is directed against the judgment and decree dated 13.03.2017 passed in O.S.No.5298 of 2014.

2. The defendant is the appellant in the appeal suit and the respondent plaintiff instituted the suit for recovery of money.

3. The brief facts as narrated in the plaint are that the plaintiffs are suppliers / dealers / agents of Steel tubes of various manufactures and are in the business for more than a decade and the Defendant is a customer and had purchased goods on various dates vide various invoices and as on 29.08.2012, there was an outstanding of Rs.7,07,781/- (Rupees Seven lakhs Seven Thousand Seven Hundred and Eighty one only) including invoice dues and penal amount. In fact, one of the defendant's employee namely Mr.Baskaran, AGM (Administration) had negotiation with the plaintiff and requested to come forward for an amicable settlement and put-forth to pay 75% of the amount and agreed to pay Rs.5,31,000/-(Rupees Five Lakhs and thirty one thousand only) in spite of agreeing for Rs.5,31,000/-, the defendant had not cared even to settle the reduced sum of Rs.5,31,000/- in the regard several letters and e-mails were sent to the defendant and lastly, the defendant had received a reminder from the plaintiff in the month of December 2013. The plaintiff further stated that the defendant having failed to pay as per the amicable settlement, the defendant had lost the right of repaying the reduced sum of Rs.5,31,000/- and as such, the defendant is liable to pay a sum of Rs.7,07,781/- with its corresponding interest. The plaintiff submits that the plaintiff sent a statement to the defendant and the same was received on 25.09.2012 by the defendant, as on that date the due was Rs.8,07,781/- and after the plaintiff received a sum of Rs.1,00,000/- on 28.09.2012 and as of 28.02.2012, the total outstanding due is Rs.7,07,781/- that the defendant kept on neglecting the demands and did not pay the dues which they were legally liable. Therefore, a lawyer's notice was issued on 05.03.2014 to the defendant and the same was duly received by the defendant on 06.03.2014 and thereafter, no reply was given and in-fact, they called the plaintiff over telephone and agreed to pay the dues. The plaintiff states that inspite of receipt of the lawyer's notice and the defendant agreeing to pay the dues over telephone, till date the defendant had failed to make payment. The plaintiff has got no other alternative except to file this suit for recovery for the outstanding amount of Rs.7,07,781/- along with its corresponding interest till date of realization. That the total dues unpaid by the defendant is Rs.7,07,781/- as on 28.09.2012 and the interest @ 2% per month for the period from 28.09.2012 to August 2014 is Rs.3,25,565/- and the total outstanding amounts to Rs.10,33,345/- (Interest for 707781 @2% per month is Rs.14,155.62 rounded to 1155 per months) as on filing of suit. That the defendant has failed and neglected to pay the aforesaid dues to the plaintiff in spite repeated demands and notice. Hence, the suit is filed.

4. The appellant defendant disputed the contentions set out in the plaint and denied allegations in-toto.

5. The contentions of the written statement are that the defendant denied all the allegations contained in the plaint except those are specifically admitted herein and plaintiff is put to strict proof of the same alleged in the plaint. The defendant is the Chief Executive Officer of M/s.Texcel International Pvt. Ltd. He denied the averments contained in paras 3 to 10 and that there is no any due outstanding amount of Rs.7,07,781/- never received any reminder in the month of December 2013 never acknowledged any statement of accounts on 25.09.2012 and it is false, frivolous and vexatious stated in the plaint. By mere production of numerical number cannot taken into the account of principal amount and also mere production of documents cannot be considered as authentic document unless it is proved by evidence of law. The given invoices were neither delivered by the plaintiff or received by the defendant. It is made out only for the purpose of this suit. The plaintiff is not stated the dates, the number of invoices and the claiming amount categorically in the plaint. Further, the plaintiff never explained how he arrived the principal amount of Rs.7,07,781/- and interest portion. The amount claiming in the plaint is Rs.10,33,346/- and under the summon for judgment the claiming amount is Rs.62,929/-. The plaintiff is confused in claiming sum against the defendant. The defendant is claiming that suit amount without any proof. The maximum commercial transaction took place in between the plaintiff and defendant during the period 2010 only and the claiming sum is related to that effect. The plaintiff never raised any objections with regard to previous bills at any point of time, and hence it is barred by Limitation Act. The defendant never made any negotiations with the plaintiff through defendant's employee for Rs.5,31,000/- when the plaintiff is admitting for Rs.5,31,000/- as per para 3rd of plaint. Then, now the plaintiff has come forward to sue for sum of Rs.10,33,346/-. The defendant has paid full amount to the plaintiff and there is no any due amount against the plaintiff. When the principal amount is not accepted by the defendant, the claiming interest portion by the plaintiff is challengeable one and triable issue. The plaintiff has not come forward with clean hands before this Court. The interest portion in the suit is not maintainable under law and 6% of interest is applicable from the date of filing plaint till the date of realization of decree. The plaintiff has neither cause of action nor is entitled for any relief. Accordingly, the suit is to be dismissed.

6. The trial Court framed the issues;

(i) Whether the plaintiff is entitled to recover a sum of Rs.10,33,346/- with interest @ 24% p.a on Rs.7,07,781/- from the date of plaint till the date of realization?

(ii) To what relief?

7. On the plaintiff side, PW1 examined and Ex.A1 to Ex.A5 are marked. On the defendant side, no evidence let in and no document are marked.

8. Admittedly, the suit is for recovery of money for a sum of Rs.10,33,346/- with subsequent interest. The case of the plaintiff is a supplier / dealers / agents of Steel Tubes on various manufactures and he is in the business of more than a decade and the defendant is a customer and purchase of goods on various dates vide various invoices and as on 29.08.2012, there was an outstanding of Rs.7,07,781/- including the invoice and penal amount and after amicable settlement, the defendant agreed to pay Rs.5,31,000/- with this correspondent interest. But the defendant are not paid the above said amount and the plaintiff issued a lawyer's notice on 05.03.2014 and the same was received and even thereafter, the defendant had not paid the suit claim. Thus, the plaintiff filed the suit for recovery of money.

9. The defendant argued before the trial Court that the invoice produced by the plaintiff are not authenticated documents and the invoice neither delivered by the plaintiff nor received by the defendant. The maximum commercial transaction took place in between the plaintiff and the defendant during the period of 2010 and therefore, the suit is barred by limitation. Further, he argued that the purchase order dated 10.01.2012 and 24.01.2012 are paid by the defendants and accordingly, prayed for the dismissal of the suit.

10. The trial Court considered the documents as well as the evidences. On the side of the defendant, nobody was examined nor any document was filed. Therefore, the trial Court considered the documents as well as the evidence filed by the plaintiff side and made a finding that the invoices are marked as Ex.A1 series in this case through PW1, which starts from 01.04.2010 to 19.09.2012 and the lawyers notice was sent by the plaintiff counsel to the defendant on 05.03.2014, which was marked as Ex.A4. The suit was filed on 10.09.2014 within three years from the date of purchase order and invoice it has been marked as Ex.A1. Thus, the suit is not barred by limitation. Ex.A4 has been received by the defendant on 06.03.2014 and the postal acknowledgement card was marked as Ex.A5. However, the defendant had not send any reply to Ex.A4 i.e., in the lawyer's notice send by the plaintiff. The trial Court based on these evidences and documents arrived a finding that neither the defendant nor any independent witness examined on the side of the defendant to rebut the plaintiffs claim.

11. The learned counsel for the appellant mainly contended that except with reference to the two invoices, which are of the year 2012, all other invoices are old one and therefore, the trial Court ought to have dismissed the claim on the ground of limitation. Those invoices are also included in the plaint after a lapse of three years and therefore, the suit is hit by the law of limitation. In this regard, the trial Court found that the invoices are marked as Ex.A1 series in this case through PW1, which starts from 01.04.2010 to 19.09.2012 and the lawyers notice was sent by the plaintiff counsel to the defendant on 05.03.2014, which was marked as Ex.A4. The suit was filed on 10.09.2014 and therefore, it is within a period of three years from the date of purchase order and invoice, which is marked as Ex.A1.

12. Considering the fact that it is the series of invoices and the cause was continuing right from the year 2010 to 2012, the trial Court found that the suit is not barred by limitation as it is a continuing cause in view of the fact that the business was being carried out continuously by the party and various invoices are filed in Ex.A1 series.

13. The learned counsel for the appellant cited the judgment of the Hon'ble Supreme Court of India in the case of Sundaram Finance Limited Vs. Noorjahan Beevi and another, reported in 2017(1) CTC 96, wherein the limitation for instituting the suit would commence from date of breach of agreement. Therefore, relying on the said judgment, the learned counsel is of an opinion that the trial Court ought to have dismissed the suit on the ground of limitation.

14. This Court is of the considered opinion that as far as the facts and circumstances of the present case is concerned, it was a business transaction between the plaintiff and the defendant, which was established. The plaintiff and the defendant were having the continuous business transactions on various occasions and number of invoices are marked as documents as Ex.A1 series. This being the factum, this Court is of the opinion that it is a continuing cause and based on the last invoices of the year 2012, the suit was instituted on 10.09.2014 within a period of three years and therefore, the ground raised regarding the limitation deserve no merit consideration.

15. The learned counsel urged this Court by stating that the interest awarded by the trial Court is not in consonance with the settled principles as the date fixed for payment of interest i.e., 24.01.2012 is an imaginary one and the trial Court is not clear, on what basis, such a said date has been taken for ordering interest. This Court is of the considered opinion that regarding the award of interest, normally Courts follow the date of plaint till the date of decree and thereafter also, the interest is to be awarded. This apart, the award of 24% interest is undoubtedly exorbitant. However, the transaction being a business nature, an interest is to be awarded in a reasonable manner. This being the factum, interest portion alone is to be considered with reference to the appeal suit.

16. Perusal of Ex.A1 series, the purchase order dated 10.01.2012 for a sum of Rs.65,319.66 and the purchase order dated 24.01.2012 for a sum of Rs.2,10,958.18 are paid by the defendant and seal was affixed in the bill also. Thus, Rs.65,319.66 + Rs.2,10,958.18 = 2,76,277.84 has been paid by the defendant. The above said amount was to be deducted from the Principal amount of Rs.7,07,781/- and the same comes to Rs.4,31,503.16.

17. The trial Court rightly deducted the amount already paid by the defendant to the plaintiff and accordingly, arrived a conclusion that the defendants are liable to pay a sum of Rs.4,31,503.16 to the plaintiff with subsequent interest of 24% from the date of 24.01.2012 to till the realization. Accordingly, the issue was decided in favour of the plaintiff and the decree was passed, directing the defendant to pay a sum of Rs.4,31,503.16 with subsequent interest at 24% from the date of 24.01.2012 to till the realization to the plaintiff.

18. This Court is of the considered opinion that the defendant has not examined any witness nor filed any document to establish his case. Contrarily, the plaintiff could able to establish the business transactions as well as the invoices and the bills raised and establish the case f

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or recovery of money. The amount paid by the defendant was also deducted by the trial Court and there is no infirmity or perversity as such in respect of the findings arrived. 19. This Court is of an opinion that awarding of 24% is exorbitant and the same deserves to be reduced. Accordingly, the rate of interest of 24% per annum ordered by the trial Court is modified as 12% per annum. Accordingly, the appellant defendant is directed to pay Rs.4,31,503.16 along with the interest at the rate of 12%(twelve percent) per annum from the date of plaint till the date of decree and thereafter, 6%(six percent) per annum till the date of realisation. 20. It is brought to the notice of this Court that the appellant had deposited a sum of Rs.2,15,752/- on 12.02.2018 pursuant to the interim order passed by this Court. The respondents are permitted to withdraw the said amount with accrued interest by filing an appropriate application. The appellant is directed to pay the balance amount with interest to the respondents within a period of four months from the date of receipt of a copy of this judgment. 21. Accordingly, the judgment and decree dated 13.03.2017 passed in O.S.No 5298 of 2014 stands modified only in respect of the rate of interest fixed by the trial Court and in all other aspects, the judgment and decree stands confirmed. Consequently, A.S.No.593 of 2017 stands allowed in part. No costs. Connected miscellaneous petition is closed.
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