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R. SAKTHIVEL
Metal Forms Private Limited – Appellant
Versus
Shiv Machine Tools – Respondent
JUDGMENT :
Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908, praying to set aside the Judgment and Decree dated 6th July, 2019 made in A.S.No. 07 of 2017 on the file of the IV Additional City Civil Court, Chennai, modifying the Judgment and Decree dated 6th September, 2016 made in O.S.No.3347 of 2006 on the file of the XIII Assistant City Civil Court, Chennai.
The plaintiff has filed this Second Appeal under Section 100 of the Code of Civil Procedure, 1908, against the Judgment and Decree dated 06th July, 2019 passed by the ‘IV Additional City Civil Court, Chennai’ [hereinafter ‘First Appellate Court’] in A.S.No.07 of 2017, modifying the Judgment and Decree dated 06th September, 2016 passed in O.S.No. 3347 of 2006 by the ‘XIII Assistant City Civil Court, Chennai’ [hereinafter ‘Trial Court’].
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array before the Trial Court.
3. Mr.R.Bharath Kumar, learned Counsel for the appellant/plaintiff is before this Court through Video Conferencing mode and there is no representation on behalf of the respondents.
4. Case of the Plaintiff:
4.1. The plaintiff is a registered company
The court has discretion to award pendente lite and post decree interest even in the absence of a contractual provision, considering the conduct of the parties involved.
The main legal point established in the judgment is that the Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 does not apply to transactions prior to its enf....
Court upheld contractual interest of 18% from pre-suit period while awarding 9% future interest post-decree, reflecting equitable considerations of a commercial transaction.
Court may exercise discretion in awarding interest to compensate for money value diminution under Section 34 of CPC.
The execution of a Promissory Note is sufficiently proved by witness testimony, and non-production of accounts is not fatal to the plaintiff's case.
Admissions made by the defendant in the written statement can affirm the plaintiff's claim, rendering substantial questions of law irrelevant.
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