J U D G M E N T

(The case has been heard through video conferencing)

Money suit for recovery of Rs.24,45,38,095/-as on 31/05/2017 with interest at the rate of 18% per annum on the principal sum of Rs.14,85,60,336/- towards goods sold and delivered.

2.The suit dispute is in respect of coal imported from foreign and delivered at Tuticorin Port at India. The suit claim is above the specified value. Hence, dispute was determined as Commercial dispute falling under Section 2(1)(c)(ii) of the Commercial Courts Act, 2015 and tried by the Commercial Division of the High Court, Madras.

3.Plaint averment in short:

The plaintiff Private Limited Company M/s Black Burn Fuels Pvt Limited is formerly known as M/s Maheswari Brothers Coal Limited. It is carrying on business in iron ore, coal, barytes, bentonite and other minerals for several years. It is operating in the States of Tamil Nadu, Andhra Pradesh, Karnataka etc. During the course of the business the defendant approached the plaintiff at its office at Chennai and evinced interest to buy Non-coking Coal of Indonesian Origin (herein after called as the ‘goods’) and the same was agreed by the plaintiff. 4.Pursuant thereto, on the three following