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2016 Supreme(Mad) 3815

N.SATHISH KUMAR
Seeyan Associates – Appellant
Versus
B. M. F. Beltings Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Dhasaiya
For the Respondents: R. Veeraraghavan

JUDGMENT

N. Sathish Kumar, J.

1. The suit is filed for recovery of a sum of Rs. 26,73,183.70 together with interest at the rate of 12% per annum on Rs. 23,58,576.13 from the date of the plaint till the date of realisation.

2. The brief facts of the case of the plaintiff are as follows:

"(i) According to the plaintiff, the 1st defendant is the subsidiary of the 2nd defendant and looking after the contract for erection, alignment and commissioning of 18 Mill feeding conveyors from M/s. Asia Power Projects Ltd.,[in short "APPL"] which is the Principle contractor of M/s. Neyveli Lignite Corporation for the expansion project of Thermal Power Station No. 1, and awarded sub contract to them for the work of erection, alignment and commissioning of said 18 Mill feeding conveyors (9 conveyors in unit 1 and 9 conveyors in unit 2) through a Purchase Order (Work Order) dated 20.06.2002. The said purchase order specifically stipulates the responsibilities of both the parties viz., the plaintiff and the 1st defendant.

(ii) The plaintiff stated that the 1st defendant failed in the timely supply o


































































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