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



M/s. Trimex Industries Pvt Limited., Rep. by its Vice President Legal, S. Sudhakaram v/s M/s. Ind Barath Thermal Power Ltd., Rep. by its Managing Director, Chennai


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- IND-BARATH THERMAL POWER LIMITED [Active] CIN = U40101TG2007PLC052232

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- A. K. POWER INDUSTRIES PRIVATE LIMITED [Active] CIN = U40104WB2008PTC130530

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U19111DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U74110DL1996PLC129067

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- K L R INDUSTRIES LIMITED [Active] CIN = U28939TG2002PLC038416

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- TRIMEX INDUSTRIES PRIVATE LIMITED [Active] CIN = U52321TN1984PTC011398

Company & Directors' Information:- IND POWER LIMITED [Active] CIN = U40108CT2004FLC016841

Company & Directors' Information:- R B T INDUSTRIES LIMITED [Active] CIN = U24118UP1990PLC011820

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- U F M INDUSTRIES LIMITED [Active] CIN = L15311AS1986PLC002539

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- M F B INDUSTRIES LIMITED [Active] CIN = U31401TN1989PLC018274

Company & Directors' Information:- A C M E INDUSTRIES LIMITED [Dormant under section 455] CIN = U19119DL1992PLC048914

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- E A P INDUSTRIES LTD [Active] CIN = U25206WB1956PLC023072

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- H. V. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100DL2010PTC200428

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- R. S. D. INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909DL2008PTC177504

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- I W D W INDUSTRIES LTD. [Strike Off] CIN = U30099WB1990PLC050177

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- H N H INDUSTRIES LIMITED [Strike Off] CIN = U27203CH1995PLC017489

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- H S INDUSTRIES PRIVATE LIMITED [Active] CIN = U23209MH2020PTC348174

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- H M B INDUSTRIES PVT LTD [Active] CIN = U24297GJ1996PTC070418

Company & Directors' Information:- A G B INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U21012TZ2008PTC014753

Company & Directors' Information:- K B R INDUSTRIES PRIVATE LIMITED [Active] CIN = U27107DL1996PTC079915

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S N A G INDUSTRIES LIMITED [Strike Off] CIN = U00000PB1995PLC016158

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- K K S K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19201TZ1997PTC007687

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- R B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U28999DL2008PTC177248

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- INDIA THERMAL POWER LIMITED [Active] CIN = U04010MH1993PLC171444

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- B V R INDUSTRIES PRIVATE LIMITED [Active] CIN = U28999CT2020PTC010570

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- B & J INDUSTRIES PRIVATE LIMITED [Active] CIN = U25199GJ2020PTC114151

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- N G C M (INDUSTRIES) LTD [Dissolved] CIN = U19209WB1979PLC032019

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- M S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U29309TN2020PTC138957

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- B M K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17100MH1948PTC006398

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- A K INDUSTRIES PVT LTD [Active] CIN = U51109WB1944PTC011764

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- G I P INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U52605MH2015PTC263962

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- C. L. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27109RJ2014PTC045306

Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

Company & Directors' Information:- C & N INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U40200TG2014PTC095187

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- V. A. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U18209DL2020PTC369202

Company & Directors' Information:- U K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U21094DL2020PTC370720

Company & Directors' Information:- I N C INDUSTRIES PRIVATE LIMITED [Active] CIN = U74999MH2020PTC350470

Company & Directors' Information:- O S INDUSTRIES PRIVATE LIMITED [Active] CIN = U40109PN2021PTC197839

Company & Directors' Information:- 9 INDUSTRIES PRIVATE LIMITED [Active] CIN = U26999GJ2021PTC122053

Company & Directors' Information:- P. S. W. INDUSTRIES PRIVATE LIMITED [Active] CIN = U24290BR2021PTC053712

Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- B P K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1960PTC011841

Company & Directors' Information:- T & M INDUSTRIES LIMITED [Liquidated] CIN = U99999TN1956PLC002904

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- M A INDUSTRIES PVT LTD [Strike Off] CIN = U15412WB1950PTC019030

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200BR1946PTC000035

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

Company & Directors' Information:- B M K INDUSTRIES PVT LTD [Active] CIN = U99999MH1948PTC006393

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Under Process of Striking Off] CIN = U99999MH1948PTC006932

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U15142PN1948PTC006932

Company & Directors' Information:- V B C INDUSTRIES LTD. [Not available for efiling] CIN = U99999AP2000PTC910431

    C.S. No. 303 of 2017 & O.A. No. 1110 of 2017 & A. Nos. 3843 of 2017, 4499, 6206 of 2018 & 3962 of 2019

    Decided On, 06 August 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Plaintiff: Abdul Hameed for M/s. A.A.V. Partners, Advocates. For the Defendant: Anirudh Krishnan, Advocate.



Judgment Text


(Prayer: Civil Suit is filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of C.P.C.

(a). Directing the defendant to pay a sum of Rs.28,46,18,581/- (Rupees Twenty Eight Crores Forty Six Lakhs Eighteen Thousand Five Hundred and Eighty One only) as on 18.04.2017 with interest at the rate of 18% per annum on the Principal sum of Rs.22,17,05,264/- from the date of Plaint till the day of payment in full to the plaintiff.

(b). The costs;)

1. The suit is for recovery of Rs.28,46,18,581/- as on 18.04.2017 with interest at the rate of 18% from the date of plaint till the date of payment for the principal sum of Rs.22,17,05,264/- and costs.

2. The subject suit relates to non payment of consideration for the coal imported from UAE and delivered to the defendant hence determined as Commercial Dispute.

3. The case of the plaintiff:-

(i). The plaintiff Company, is carrying on the business of trading in iron ore, coal, barite, bentonite and other minerals. The defendant envincing interest in buying Non Coking Steam Coal of Indonesian Origin, (herein after referred as ‘goods’) approached the plaintiff and placed purchase order dated 25.02.2015 for 51000 MTs of coal and 03.07.2015 for 25000 MTs of coal. The plaintiff and defendant entered into an High Seas Sale (HSS) Agreement on 20.03.2015 and 04.08.2015, for selling 55687 MT & 23932 MT of goods respectively at the price of Rs.2,908.58 per MT and Rs.2,725/- MT respectively on terms and conditions contained therein. The plaintiff raised invoice on 20.03.2015 & 04.08.2015 for 55687 MTS & 23932 MT of coal respectively for a total price of Rs.15,57,48,672/- & Rs.6,59,56,592/- respectively. As per the terms of the HSS agreement and purchase order, the payment for the ‘goods’ sold is to be made by RTGS or LC on 90 days usance basis on the 60th day from the date of completion of the vessel discharge at the Tuticorin port and interest shall be levied for the delay beyond 60 days.

(ii). The vessels i.e., “MV Fanoula and MV Marianna”completely discharged the ‘goods’ on 30.03.2015 and 17.08.2015. The payment for the ‘goods’ supplied by the plaintiff fell due on 30.05.2015 & 17.10.2015 within the said period, the defendant failed to pay the dues in full. After giving credit to various payments made by the defendant, a sum of Rs.22,17,05,264/- was due and payable to the plaintiff by the defendant. To the legal notice dated 03.09.2016 issued by the plaintiff, the defendant confirmed their liability of Rs.22,17,05,264/- towards the principle as on 15.09.2016. Thereafter, the defendant again issued a letter dated 21.09.2016 and promised to pay the due once it realises the huge arrears from TANGEDCO through “TNERC”.

4. In the meeting held at the Office of the Defendant in Chennai, the defendant undertook to settle the dues before January-2017. However, the defendant failed to keep up their promise. 'TANGEDCO' owes more than Rs.60 crores to the defendant. As on 18.04.2017, the balance outstanding due payable by the defendant to the plaintiff is Rs.22,17,05,264/- towards principal and Rs.6,29,13,317/- towards interest. The cause of action for the suit arose within the jurisdiction of this Court, when the defendant placed the purchase order at the plaintiff’s Office at Chennai. When HSS agreement entered at Chennai and the correspondence between the parties emanated within Chennai.

5. The case of the defendant:-

The defendant is a Special Purpose Vehicle, which owns a power generation station at Swaminatham Village, Tuticorin primarily for the purpose of generating electricity for the use of its shareholders. The suit suffers from lack of cause of action within the jurisdiction of this Court. This suit is not maintainable without leave to sue. The defendant under clause 12 of the Letter Patent Act, only the Court at Tuticorin where the defendant carrying on business and the goods delivered will have jurisdiction. The plaintiff purchased coal as per the purchase order to produce electricity for the sale to its shareholders and TANGEDCO.

6. In the light of the purchase order, the parties had entered into High Seas Sale Agreements dated 20.03.2015 and 04.08.2015 for the supply of coal and certain invoices raised by the plaintiff to the defendant. As per the purchase order, the GCV (ARB) KCAL/KG for supply of coal shall be 4200 typically and if the quality is to be less than 4000 and same shall be rejected.

7. The defendant, after due diligence, came to know that the coal supplied by the plaintiff is inferior in quality. The plaintiff has fudged the report and therefore, the reports are required to be audited for ascertaining the loss caused. In the notice dated 04.10.2017, the defendant has pointed out the above malpractices of the plaintiff. In spite of that, the plaintiff has failed to fulfil its part of the contractual obligations. The plaintiff has not taken into consideration the penalty to be charged for the quality deficiency in the supply of coal by the plaintiff. In the light of the same, the alleged acknowledgement of debt is not valid. The amount payable as computed by the plaintiff is not in accordance with contractual provisions of the purchase order. The rate of interest calculated by the defendant is more and above the agreed rate. The plaintiff has already initiated proceedings before the NCLT, Hyderabad. Hence, the present suit is abuse of process of law and also amount to frivolous claim. The High Sea Sale Agreement and the invoices are based on incorrect computations and forged documents, hence suit has to be dismissed.

8. After receipt of the affidavit of admission and denial from the parties, this Court based on the pleadings framed the following issues:-

(i) Whether the Hon’ble High Court, Madras has got territorial jurisdiction to entertain and decide the suit filed by the plaintiff against the defendant?

(ii) Whether the plaintiff is entitled to file and maintain the present suit on account of having initiating Corporate Insolvency Proceedings before National Company Law Tribunal, Hyderabad under the Insolvency Bankruptcy Code Rules, 2016?

(iii) Whether the Goods(Coal) supplied by the plaintiff to the defendant under the Purchase Order dated 25.02.2015 and 03.07.2015 is in terms of specifications contained therein?

(iv) Whether the plaintiff is entitled to a sum of Rs.28,46,18,581/- as on 18.04.2017 with interest at the rate of 18% on the principal sum of Rs.22,17,05,264?

(v) To what other reliefs, the plaintiff is entitled to?

9. For the plaintiff, its authorised signatory Mr.Vishwanath had deposed as PW-1. For the defendant, its former employee Mr.M.N.V.Sudhakar and the authorised representative of the defendant Mr.T.S.Das had deposed as DW-1 and DW-2 respectively. On behalf of the plaintiff Ex.P-1 to Ex.P-12 through P.W.1 and Ex.P.13 to Ex.P.16 during the cross of D.W.1. No documents marked on the side of the defendant.

Issue No.1:-

(i). According to the Learned Counsel appearing for the plaintiff, based on the Purchase Order (Ex.P.13) dated 25.02.2015, the High Seas Sale agreement was entered between the parties at Chennai. On 20.03.2015, the High Seas Sale agreement (Ex.P.2) for supply of 55,687 coal under Non-Coking Steam Coal of Indonesian Origin through vessel MV FANOULA. On the same day, the invoice (Ex.P.3) was raised for a sum of Rs.1,55,78,672/-. Similarly, based on the Purchase Order (Ex.P.4) dated 03.07.2015, the High Seas Sale agreement (Ex.P.4) dated 04.08.2015, for 23,932 MTS of Non-Coking Coal of Indonesia Origin through vessel MV Marianna was entered between the parties and on the same day, the High Seas Sale Agreement was raised by the plaintiff for a sum of Rs.6,59,56,592/-. All these documents were entered at Chennai where the plaintiff and the defendants have their Office. The supply of Coal to the defendant is accepted and also proved through Bill of Entry (Ex.P.14) and Ex.P.7. The defendant having his Office at Chennai and have entered into the agreement in Chennai cannot plead that no cause of action had arisen within the jurisdiction of this Court. Even according to the defendant, they are carrying on business at New No.20, (Old No.129), Chamiers Road, Nandanam, Chennai. This fact would be easily seen from the purchase order placed by the defendant. While so, there is no necessity to obtain leave of this Court under Clause 12 of Letter Patent Act, since the defendant carrying on business within the jurisdiction of this Court.

(ii). Per contra, the Learned Counsel for the defendant would submit that registered Office of the defendant is at Hyderabad. The plant of the defendant is at Tuticorin and in Chennai Office no business is carried. No cause of action arisen within the local limits of the ordinary original jurisdiction of this Court. Therefore, this suit at Chennai Court is not maintainable. More so, without leave to sue when the suit against the defendant carrying on business outside the local limit of this Court.

(iii). Clause 12 of Letter’s Patent 1865., deals about leave to sue. This clause reads as below:-

Clause 12. Original jurisdiction as to suits:-

'And We do further ordain that the said High Court of Judicature at Madras, in the exercise of its ordinary original civil jurisdiction, shall be empowered to receive, try, and determine suits of every description, if, in the case of suits for land or other immovable property, such land or property shall be situated, or in all other cases if the cause of action shall have arisen, either wholly, or in case the leave of the Court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said High Court or if the defendant at the time of the commencement of the suit shall dwell or carry on business, or personally work for gain, within such limits; except that the said High Court shall not have such original jurisdiction in cases falling within the jurisdiction of the Small Cause Court at Madras, in which the debt or damage, or value of property the sued for does not excited hundred rupees.

(iv). Place where cause of action arose (situs) and the place where the defendant(s) reside or carry on business (domicile) are the two fundamental ingredients to determine the jurisdiction of the Court. The Clause 12 of Letters Patent, while conferring ordinary original civil jurisdiction with High Court Madras, in case of immovable property, if the property situated within its local limit and has contemplated the following eventualities. In all other cases:-

a). Whole cause of action within the local limits of this Court.

b). The defendant(s) dwell or carrying on business or personally work for gain within the local limits of this Court.

c). Part cause of action within the local limits of this Court.

d). Defendant(s) dwell or carrying on business outside the local limits of this Court.

(v). Under Clause 12 of Letters Patent, in case of suits other than in respect of land or immovable property, if whole cause of action arisen within the territorial jurisdiction of this Court, or the defendant dwells or carry on business or personally work for gain in Chennai, no leave under Clause 12 of Letter’s Patent, is required. In case, if only part cause of action arisen in Chennai and the defendant carry on business outside Chennai, leave under Clause 12 of Letter’s Patent is mandatory.

10. In support of his submission, the Learned Counsels relied upon the following judgments.

(i). C.Govindarajulu Naidu -vs- The Secretary of State for India in Council reported in (1927) 26 LW 558, in this Court has held as below:-

'The next contention is that even so he can sue by reason of the latter part of Cl. 12 of the Letters Patent which is:

'or if the defendant shall dwell or carry on business or personally work for gain within those limits.'

It is contended that the defendant both dwelt and carried on business here at the commencement of the suit and in support of this contention the plaintiff has cited the decision of a Bench of this Court in Subbaraya Mudali and others v. The Government and Cunliffe. In that case it was held that under Clause 12 of the Letters Patent the Government must be considered as carrying on business at the place where its members exercise all the functions of Government, that is, in Madras. But even in that case the word 'dwell' was considered inapplicable to the Government. On the other hand in Doya Narain Tewary v. The Secretary of State for India in Council, it was held by aBench that the words 'carrying on business or personally work for gain' are inapplicable to the Secretary of State for India in Council. At page 273, in the course of this judgment Mitter, J., says: (emphasis added)

'that the word ‘business’ in Clause 12 of the Letters Patent was used in a restricted sense is also indicated by the words ‘personally work for gain’ to be found in the same section. The latter words would be unnecessary if the word ‘business’ had been intended to be used in an unrestricted sense.'

(ii). J.D.John and others -vs- Oriental Government Security Life Assurance Company Limited reported in 1928 SCC Online Mad 347, this Court has held as below:-

'7. The other objection depends upon the question whether the Oriental Government Security Life Assurance Co. Ltd., carries on business in Madras. It is no doubt true that the company has got an agency in Madras, but it is not stated that this agency has any directors here or any persons who form a kind of controlling Board in Madras or at least have some direction as regards the policies. The affidavit filed on behalf of the company is to the effect that so far as the Madras office is concerned, it has no independent discretion in the matter, but simply acts as a post office which receives applications or moneys and passes them to the Head office in Bombay, and that is the Head Office that issues all orders there being no vestige of discretion in the local office here to do anything. These facts are not contradicted and the question is whether it can be said that the Oriental Government Security Life Assurance Co. Ltd., carries on business in Madras. I think this question is really concluded by the judgment of Beasley, J., in Bombay Co. Ltd. v. Municipal Council Dindigul [A.I.R. 1929 Mad. 146.] which was a suit filed by the Bombay Co. Ltd., Madras, against the Municipal Council of Dindigul. It was there shown that the representatives of the Bombay Company in Dindigul had no discretion except receiving orders and sending them on. The question was whether they carried on business in Dindigul to be taxed. It was held that they were not, and Beasley, J., in an elaborate review of the authorities states that there is no difference in principle between residence for purposes of either the Income-tax Act, or the Municipal Act, or for purposes of jurisdiction. This judgment was affirmed by the Chief Justice and Madhavan Nair, J., in O.S. Appeal No. 6 of 1928 where all the authorities have been discussed by the learned Judges. I think that the facts disclosed in the present case in the affidavit, namely, that the agency in Madras does nothing, but acts as a post office forwarding proposal and sending moneys and not having any discretion in the matter either to conclude contracts or to vary them or to enter into them, the Oriental Government Security Life Assurance Company does not carry on business in Madras. It was stated that a suit may lie under S. 12 of the Letters Patent if the money is not paid. That may be so not on the ground that there is business carried on in Madras, but because the proposal was made in Madras and forwarded and part of the cause of action arose in Madras and on that ground leave may be given. I do not think we can confuse the fact of jurisdiction arising out of a part of the cause of action with jurisdiction arising out of the carrying on of business. Unfortunately, our rules do not provide for garnishee proceedings in cases where a part of the cause of the action arises in respect of a debt sought to be enforced by garnishee proceedings.'

(iii). The Clan Line Streamers Ltd -vs- Gordown Woodroffe and Company (Madras) (Pte.) Ltd., reported in 92 LW 541, this Court has held as below:-

'9. Where leave under Clause 12 is necessary, the granting of such leave is a condition precedent to the court having jurisdiction to entertain the suit; and therefore, such leave has to be obtained at the time of the institution of the suit (Vide:- Shamchandra Rampratab v. Bhikamchand Ganeshlal reported in A.I.R. 1929 Bom.468, Motilal Trithovandas Chokesey v. Shankarlal Chaganlal reported in A.I.R.1939 Bom.345, Bimal Singh Kothari v. Muir Mills Ltd. reported in A.I.R.1952 Cal.645, Khitish Kumar Som v. State of Bihar reported in A.I.R.1953 Cal.639 and Laliteswar Singh v. Rameshwar Singh reported in 34 Cal 619.)'

(iv). Urooj Ahmed, Lords Enterprises (India) -vs- Preethi Kitchen Appliances Pvt Ltd reported in (2013) 6 CTC 247.

5(b).Clause 12 of the Letters Patent Act, 1970:

'There is no difficulty in appreciating the submissions of the learned Counsel appearing for the Appellant that when there is a part of cause of action having arisen outside the jurisdiction of the Court, a leave under Clause 12 of the Letters Patent is required mandatorily. Consequently, when such a leave has not been obtained already, the same cannot be cured subsequently, as held by this Court in The Clan Line Steamers Ltd. v. Gordon Woodroffe & Co., AIR 1980 Mad. 73.'

11. The proposition of law on the interpretation of Clause 12 of the Letters Patent cited by the Plaintiff’s Counsel, does not have any application to the present case. There are specific averments in the plaint that the defendant placed the purchase order at the plaintiff Office at Chennai. The High Seas Sale Agreement was entered at Chennai and negotiation happened in Chennai. The representative of the defendants at Chennai Office were carrying on their administrative work and taking decision on behalf of the defendant Company. They were not just acting as Post Office. The witnesses examined on behalf of the defendant were not able to disprove the above assertion either orally or through documents. Both the witnesses examined on behalf of the defendant are not parties to the agreement nor present when these agreements were executed therefore, they are not competent witness to speak about the place of execution of this documents. These two witnesses not even able to tell the name of the person who represented the defendant and signed the High Seas Sale Agreement and the purchase order. Contrarily, the plaintiff is able to establish that the defendant having its Office at Chennai and his representatives came to the plaintiff’s Office for negotiation and settlement of the terms of agreement. Therefore, this Court holds that when the evidence clearly shows that the defendant having their Office at Chennai and carrying on business within the Territorial of this Court, leave to sue under Clause 12 of Letters Patent does not arise. Hence, issue No.1 is held in affirmative.

Issue No.2:-

Across the bar, it has been represented by the Learned Counsels that the proceedings initiated before the NCLT, Hyderabad, has been disposed of as withdrawn vide order dated 29.05.2018 and there is no proceedings pending before the NCLT, Hyderabad, in respect of this claim and therefore, the parties are not pressing this issue.

Issue No.3:-

(i). In the written statement, the defendant has vaguely stated the coal supplied by the plaintiff were of inferior quality. As far as this contention is concern, it is an admitted fact by the defendant that coal was delivered to them and in Memorandum of Understanding (Ex.P.15) dated 08.11.2018, the defendant agreed that the due payable is Rs.22,17,05,264/-. In this memorandum of understanding parties agreed to settle for a sum of Rs.12,19,38,000/- towards the full satisfaction, but this compromise had failed. Though, in the written statement, it has been contended that the coal supplied by the plaintiff is of inferior quality, there is no material placed before this Court to show that as soon as the delivery of the coal or sometime immediately thereafter, the defendant raised objection regarding the quality of the coal.

(ii). In the written statement, the defendant has specifically stated that in the notice dated 04.10.2017, they have informed the plaintiff about the infe

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rior quality of the coal supplied. This reply notice dated 04.10.2017 not produced before the Court for appreciation. There is no other documentary proof to show that the defendant refused to pay the price of the goods due to non compliance of specification contained in the purchase order. Further, in none of the subsequent correspondence between the parties, there is whisper about the poor quality of the coal supplied. From the invoice and the Bill of Entry, there is a clear evidence to show that two consignments worth Rs.15,57,48,672.00 & Rs.6,59,56,592/- has been delivered to the defendant at tuticorin in Port in two different vessels. (iii). To the legal notice (Ex.P.10) dated 03.09.2016, calling upon the defendant to pay a sum of Rs.24,83,23,136/- with interest on the principal at the rate of 10.50% p.a., thus from the legal notice of the plaintiff, the rate of interest claimed for the due is restricted to 10.50% p.a. The defendant has admitted the liability in the reply notice dated 21.09.2016 and only sought time to settle the dues, on realising the arrears pending with TANGEDCO. While so, the allegation regarding quality of the coal which is raised for the first time in the written statement and without any proof has to be rejected. There is no evidence before this Court to accept the allegation of the defendant about the quality of the Coal supplied by the plaintiff. Hence, issue No.3 is held against the defendant. Issue No.4:- According to the plaintiff, the defendant is liable to pay a sum of Rs.28,46,18,581/- towards principal. The plaintiff demands 18% interest for the money dues. However, according to the legal notice (Ex.P.10), they have demanded only 10.50% interest. Therefore, if the Memorandum of Understanding (Ex.P.15) dated 08.11.2018 is to be relied, where both the parties have signed and accepted the dues, as on that date was only Rs.22,17,05,264/-, for this amount, the plaintiff is entitled only for 10.50% interest as claimed under this legal notice (Ex.P.10). Therefore, this Court holds that the plaintiff is entitled for a money decree for a sum of Rs.22,17,05,264/- with interest at the rate of 10.50% p.a., from 08.11.2018, till the date of realisation. Accordingly, the Suit is Allowed with costs. Consequently, connected Applications are closed.
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