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2022 Supreme(Mad) 1817

SENTHILKUMAR RAMAMOORTHY
Sivakumar – Appellant
Versus
Surya Exports & Imports A firm Rep. by its Proprietor Mr. N. Surya Srinivas – Respondent


Advocates appeared:
For the Plaintiff:Sharath Chandran for M/s. Govind Chandrasekar, Advocates. For the Defendants:D1, M/s. J. Manikandan, D2, E. OM. Prakash Senior Advocate for M/s. Ramalingam & Associates, D3, V. Kalyanaraman for M/s. Aiyar & Dolia, Advocates.

JUDGMENT

(Prayer: The suit is filed under Order VI Rule 1 of O.S. Rules r/w Order VII Rule 1 of CPC to direct the first and second Defendants to pay to the Plaintiff, either jointly or severally, a sum of Rs.1,15,09,628/- ( Rupees one crore fifteen lakhs nine thousand six hundred and twenty eight only) due under the Bill No.0058817OC0000012 together with interest at 18% per annum, principal amount of Rs.1,06,33,863/-, from the date of plaint till the date of realization.)

1. The suit was filed by a seller of goods to the first Defendant seeking to recover the sum of Rs.1,15,09,628/-, jointly and severally, from the first and second Defendants together with interest at 18% per annum on the principal sum of Rs.1,06,33,863/- from the date of plaint till the date of realization.

2. The Plaintiff is a proprietary concern, represented by Mr.Sivakumar, Proprietor. The Plaintiff is engaged in the business of selling construction materials, including ferrous and non-ferrous metal products, wood scrap, rubber waste, etc. The first Defendant requested the Plaintiff to supply thermo-mechanically treated (TMT) bars. Based on such request, the Plaintiff supplied TMT bars to the first Defendant from

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