JUDGMENT

Unsuccessful defendant has preferred the present appeal against the judgment and decree dated 31.03.2016 passed in O.S.No.10300 of 2010 on the file of the VI Additional City Civil Court, Chennai.

2. The parties are referred to as per rankings in the trial Court.

3. Suit is filed for recovery of a sum of Rs.10,20,000/- with interest at 12% per annum for Rs.7,50,000/- from the date of filing the suit till the date of realization. The Court below decreed the suit as prayed for with costs.

4. The brief case of the plaintiff is as follows:

The plaintiff is dealing in refined edible oils. On 06.01.2003, the plaintiff placed orders on the defendant for supply of five thousand tins of 15 kgs NETT each of “Sundew” brand super refined sunflower oil. The goods were to be delivered at the site of the plaintiff free of costs. The delivery of goods was to be effected on or before 31.03.2003. The plaintiff paid a sum of Rs.7,50,000/- as advance by a pay order and the balance of Rs.7,50,000/- was to be paid upon delivery of goods. In the event if the defendant fails to effect delivery of goods within the time stipulated, the unadjusted advance was to be returned in full to the plaintiff. The d