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2025 DIGILAW 2597 (MAD)

Agarwal Ispat (Chennai) Private Limited, Represented by its Director, Mr. Umesh Kumar Agarwal v. BNA Automotive India Private Limited

2025-06-09

SENTHILKUMAR RAMAMOORTHY

body2025
JUDGMENT : (SENTHILKUMAR RAMAMOORTHY, J.) The suit was originally filed for recovery of a sum of Rs.2,21,40,895/- with interest at 18% per annum from the date of plaint until the date of realization. While the suit was pending, part payment was received by the plaintiff from the defendant. In view thereof, after giving credit to such part payment, the plaintiff filed an amended plaint for recovery of a sum of Rs.1,68,42,503/- with interest at 18% per annum on the principal sum of Rs.1,48,89,156/-. 2. Upon receipt of suit summons, the defendant entered appearance and filed a written statement. In the written statement, the defendant acknowledges the transactions entered into by the defendant with a proprietary concern called 'M/s.Sri Agarwal Ispat'. As regards the suit claim, the defendant asserts that acknowledgement dated 08.02.2022 confirming the balance of Rs.2,21,22,132/- was issued without authorisation. Thereafter, by order dated 02.02.2024, the defendant was set ex-parte and the defence raised in the written statement was struck off. 3. In the above circumstances, the plaintiff adduced evidence through Mr.Umesh Kumar Agarwal, Director, who was examined as P.W.1. In the course of examination in chief of P.W.1, 47 documents were exhibited as Exs.P1 to P47. 4. Learned counsel for the plaintiff submitted that the plaintiff was incorporated to take over the business of proprietary concern, 'M/s.Sri Agarwal Ispat'. In support of her contention, she relies upon Ex.P3, which is the memorandum and articles of association of the plaintiff. After pointing out that the suit claim relates to supply of goods by the predecessor in title of the plaintiff to the defendant, learned counsel submitted that relevant invoices were exhibited as Exs.P4 to P43. By referring to Ex.P44, which is the ledger statement for the period from 01.04.2019 to 31.03.2022, learned counsel submitted that the said document evidences the closing balance of Rs.2,21,40,895/-. Learned counsel further submitted that the outstanding of Rs.2,21,22,132/- was admitted in confirmation of balance dated 08.02.2022, which was marked as Ex.P45. Therefore, she submits that the plaintiff is entitled to the suit claim. 5. As noticed earlier, after giving credit to payments received while the suit was pending, an amended plaint seeking recovery of a sum of Rs.1,68,42,503/- was filed. While the defendant originally filed a written statement, the defendant was set ex-parte by order dated 02.02.2024 and this Court directed that the defence in the written statement be struck off. 5. As noticed earlier, after giving credit to payments received while the suit was pending, an amended plaint seeking recovery of a sum of Rs.1,68,42,503/- was filed. While the defendant originally filed a written statement, the defendant was set ex-parte by order dated 02.02.2024 and this Court directed that the defence in the written statement be struck off. In any case, the only defence raised in the written statement was that Ex.P45 was not executed by an authorised person. Apart from Ex.P45, the plaintiff has placed on record relevant invoices as Exs.P4 to P43. The ledger statement relating to the defendant shows a closing balance of Rs.2,21,40,895/- as on 31.03.2022. The memorandum of association (Ex.P3) evidences that the business of the erstwhile proprietary concern was taken over as a going concern by the plaintiff with all its assets and liabilities. 6. On the basis of the pleadings and evidence adduced by the plaintiff, the amended suit claim stands proved as regards the principal claim of Rs.1,48,89,156/-. While the invoices specify the rate of interest as 21% per annum, there is no document evidencing the agreement with regard to the rate of interest. Being a commercial transaction, by taking into account the interest rate prevailing at the relevant point of time, the plaintiff is entitled to interest at 12% per annum from the date of plaint. 7. As the successful party, the plaintiff is also entitled to costs. The plaintiff paid a sum of Rs.7,22,827.26 as Court fee, which the plaintiff is entitled to receive. In addition, the plaintiff is entitled to lawyer's fee and expenses. The defendant is, therefore, liable to pay an aggregate sum of Rs.10,00,000/- as costs. 8. Therefore, the suit is decreed by directing the defendant to pay the plaintiff a sum of Rs.1,48,89,156/- (Rupees One Crore Forty Eight Lakhs Eighty Nine Thousand One Hundred and Fifty Six only) with interest thereon at 12% per annum from the date of plaint until the date of realization. The defendant is further directed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as costs to the plaintiff, including a sum of Rs.7,22,827.26 towards Court fee and the remaining towards lawyer's fee and other expenses.