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1996 Supreme(Mad) 374

GOVARDHAN
Parry & Co. , Limited, a company incorporated under the Companies Act, represented by K. U. Kumaran, Manager, Engineering Division – Appellant
Versus
Southern Roofings Private Limited a company incorporated under the Companies Act – Respondent


Advocates:
M/s.King and Patridge, for Appellant.

Judgment :

Plaintiff is the appellant herein. The averments in the plaint briefly stated are as follows: The defendant entrusted to the plaintiff, the work of electrical installation in their factory at Mudichur. The plaintiff carried out the electrical installation and in respect of the said work of supplying materials, installing and commissioning 250 K.V.A. Transformer Substation complete with medium pressure installation, a sum of Rs.44,118.45 had become due from the defendant. The transformer was energised in 1974 and the factory of the defendant started production. The entire amount due to the plaintiff was however not paid inspite of repeated demands. A statement of account as on 30.6.1975 was sent to the defendant after adjusting the credits and it was found, that a sum of Rs.38,907.55 was due by the defendant. The defendant acknowledged their liability and undertook to pay the amount in instalments on account of the financial difficulty faced by them. No payment was however made by the defendant. A notice calling upon the defendant to pay the entire arrears at Rs.38,907.55 with interest at 12% p.a. was sent to the defendant. The defendant is liable to pay interest at 13% pe







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