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2025 Supreme(Mad) 2515

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.Vijayakumar, J
Arunachala Impex Pvt.Ltd. – Appellant
Versus
Shadiram and Sons Pvt.Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Raghuvaran Gopalan for Mr.R.L.Dhilipan Pandian
For the Respondent: Mr.G.Prabhu Rajadurai

ORDER :

R.Vijayakumar, J.

These two revision petitions have been filed by the defendants in O.S.No.88 of 2019 on the file of the Principal District Court, Thoothukudi.

(A)Factual Matrix:

2.A perusal of the plaint averments reveals that the defendants in the suit have entered into a contract at Thoothukudi for purchase of 2643 bags of laird yellow lentils and 2440 bags of Eston yellow lentils from Thoothukudi godown. After lifting the cargo, since the payment was not paid, the suit has been filed for recovery of the above said amount.

3.The respondent herein had filed the above said suit for the relief of recovery of money for a sum of Rs.49,38,820/- from the defendants with future interest at the rate of 12% per annum and for payment of cost.

4.CRP(MD).No.7 of 2025 has been filed challenging the dismissal of an application filed by the defendants under Order 7 Rule 11 of C.P.C to reject the plaint. CRP(MD).No.8 of 2025 has been filed by the defendants challenging the allowing of an application filed by the plaintiff under Order 5 Rule 1 of the Commercial Courts Act 2015 wherein the trial Court has passed an order forfeiting the rights of the defendants to file a written statement. The wr

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