C.S.No.201 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 04.07.2023

PRONOUNCED ON: 11.07.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

C.S.(Comm.Div).No.201 of 2020

and

A.No.1818 of 2020

White SRL Unipersonale,

Via Cozza Pilon 10/B,

36070 Castelgomberto, (VI) Italy,

Rep. by its Chief Executive Officer,

Mr.Giampaolo Benetti

...Plaintiff

Vs.

Rajesh Patel

Trading as Pats Impex,

Old.No.61, New No.32,

Perianna Maistry Street,

Periamet, Chennai - 600003.

and also at

Flat.No.C-17, 3rd Floor, Krishna Vilas,

New Door.No.6,

Police Commissioner Office Road,

Egmore, Chennai - 600008

...Defendant

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C.S.No.201 of 2020

PRAYER: Civil Suit is filed under order IV Rule 1 O.S. Rules read with

order VII Rule 1 of CPC, praying to,

(a) Directing the defendant to pay the plaintiff a sum of

Rs.48,12,942/-(Rupees Forty Eight Lakhs Twelve Thousand Nine Hundred

Forty Two Only) towards payment of outstanding invoices along with

further interet on the sum of Rs.30,55,836/- (Rupees Thirty Lakhs Fifty Five

Thousand Eight Hundred And Thirty Six Only) at the rate of 24 percent p.a

from date of plaint till the date of payment in full.

(b) Directing the defendant to pay the plaintiff a sum of

Rs.68,00,580/- (Rupees Sixty Eight Lakhs Five Hundred And Eighty Only)

towards reimbursement of demurrage and detention charges incurred by the

plaintiff along with further interest on the sum of Rs.56,67,150/- (Rupees

Fifty Six Lakhs Sixty Seven Thousand One Hundred and Fifty Only) at the

rate of 24% per annum from the date of plaint till the date of payment in

full;

(c) for entire costs of the suit; and pass such further or other reliefs as

this Hon'ble Court may deem fit and necessary in the circumstances of the

case and thus render justice.

For Plaintiff

:

Mr.Rajesh Ramanathan

For Defendant

:

Mr.S.P.Srinivasan

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C.S.No.201 of 2020

JUDGMENT

The present suit has been filed by the plaintiff seeking; (i) a sum of

Rs.48,12,942/-(Rupees Forty Eight Lakhs Twelve Thousand Nine Hundred

Forty Two Only) from the respondent towards payment of outstanding

invoices along with further interest on the sum of Rs.30,55,836/- (Rupees

Thirty Lakhs Fifty Five Thousand Eight Hundred And Thirty Six Only) at

the rate of 24 percent p.a from date of plaint till the date of payment in full;

(ii) a sum of Rs.68,00,580/- (Rupees Sixty Eight Lakhs Five Hundred And

Eighty Only) towards reimbursement of demurrage and detention charges

incurred by the plaintiff along with further interest on the sum of

Rs.56,67,150/-(Rupees Fifty Six Lakhs Sixty Seven Thousand One Hundred

and Fifty Only) at the rate of 24% per annum from the date of plaint till the

date of payment in full; and for entire costs of the suit.

Plaintiff's case:-

2. The plaintiff which is a company registered under the laws of Italy

and having its registered office at via Cozza Pilon 10/B, 36070,

Castelgomberto (VI), Italy has instituted the above suit seeking recovery of

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C.S.No.201 of 2020

a sum of Rs.48.12.942/- being the outstanding amounts due under the

invoices together with interest on a sum of Rs.30,55,836/- at the rate of 24%

per annum from the date of the plaint till the date of payment in full and

directing the defendant to pay the plaintiff a sum of Rs.68,00,580/- towards

reimbursement of demurrage and detention charges incurred along with

further interest on a sum of Rs.56,67,150/- together with interest at 24%

from the date of the plaint till the date of payment in full.

2.1. The plaintiff would submit that they are a reputed exporter of

leather cuttings and leather stock products which are greatly preferred by

the automotive industries, premium shoe factories and niche clothing etc.