JUDGMENT

The suit for recovery of money due for the goods sold and delivered.

Since the suit is in respect of payment for the coal imported above the specified value, the nature of suit was determined as Commercial Suit falling under the Section 2(1)(c)(ii) of the Commercial Courts Act, 2015.

2. Case of the plaintiff in short:

The plaintiff is in the business of iron ore, coal, barite, bentonite and other minerals. Having Office at Chennai. The defendant is in the business of producing electricity. Having Office at Chennai and plant at Tuticorin. The defendant approached the plaintiff for supply of Non Coking Stream Coal of Indonesian Origin for its plant and the plaintiff agreed. The plaintiff and the defendant entered into an High Seas Sale agreement (HSS agreement) on 25.02.2014 for 3000 MTS of coal at the rate of Rs.2500/- per MT. On the same day, the plaintiff raised invoice for Rs.75,00,000/-. The defendant, who is supposed to pay the invoice amount within 60 days as per the terms of agreement failed to effect payment. Several meetings between the parties for settlement of the due not yielded result and several promises given by the defendant not kept. The defendant promised to