Advocates:
['M/S S ASHOK KUMAR', '', 'R BHAGAWAT KRISHNA', 'R MURUGAN', 'FOR PLTF', 'M/S P MUNUSAMY', '', 'FOR DEFT -D NO', 'BRINDAVAN TOWERS', 'NO', 'MIG', 'ASHOK PILLAR RD KK NAGAR', 'CH']

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

WEDNESDAY, THE 30TH DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

C.S.No.357 of 2013

Beta Die Casting Equipment Inc.,

200 Beverly Street, Cambridge,

Ontario, Canada represented by

Area Manager Mr.Rajasekar Prasad,

having the Area Office at No.296,

N.Block, II Floor, Anna Nagar East,

Chennai – 600 102.

: Plaintiff

Vs.

Devahi Tools represented by

its Proprietor Mr.E.D.Munuswamy,

No.29/23, Dhanapal Street,

Gandhi Nagr, Ekkattuthangal,

Chennai – 600 032.

:Defendant

Civil Suit praying that this Hon'ble Court be pleased to pass a

Judgment and Decree in favour of the Plaintiff and against the Defendant

(i) Directing the Defendant to pay the plaintiff a sum of

Rs.71,34,065/- due to the plaintiff by the Defendant (Rs.26,87,100 on

account of the Advance payment money, Rs.17,96,965 on account of the

sale of machine to M/s. Feroz Metal Castings Ltd and Rs.26,50,000

towards business loss suffered by the Plaintiff) with interest at 18% per

annum till payment.

https://hcservices.ecourts.gov.in/hcservices/

2

(ii) In the event of the Plaintiff not being permitted to remove and

sell the machines, namely, 4 Toshiba Cold Chamber Die Casting Machines

(DC-135H-T Machines – 3 sets and DC-135-H-FT Machine – 1) with Serial

Nos.821A09, 821A11, 821A51, 821A13 and 1 Toyo Cold Chamber Die

Casting Machine (125 Ton Model BD 125 V2CW-T) with Serial

No.4035081, directing the defendant to pay the Plaintiff a sum of

Rs.49,11,404/- with interest at 18% per annum till payment.

(iii) Directing the Defendant to pay the Plaintiff the entire costs of

the suit.

This Suit having been heard on 11.02.2022 in the presence of

Mr.G.Krishnakumar for M/s S.Ashok Kumar, Advocates for the plaintiff

herein, and Mr.R.Sivaraman for M/s P.Munusamy, Advocates for the

defendant herein and upon reading the plaint filed herein and the other

exhibits therein referred to and upon perusing the evidence adduced therein

and having stood over for consideration till this day coming on this day

before this court for orders in the presence of said advocates for the parties

hereto, It is ordered and decreed as follows:

That the defendant herein, be and is hereby directed to pay the

plaintiff herein, a sum of Rs.55,73,782/- (Rupees Fifty Five Lakhs Seventy

Three Thousand Seven Hundred and Eighty Two only) towards repayment

of the amounts received as advances with further interest at the rate of 12%

https://hcservices.ecourts.gov.in/hcservices/

3

per annum on the sum of Rs.26,87,100/- (Rupees Twenty Six Lakhs Eighty

Seven Thousand and One Hundred only) from this date till the date of

realisation.

2. That the defendant herein, be and is hereby directed to pay the

plaintiff herein, a sum of Rs.39,25,655/- (Rupees Thirty Nine Lakhs Twenty

Five Thousand Six Hundred and Fifty Five only) towards the net sale

proceeds received by the defendant (after deducting commission) for and on

behalf of the Plaintiff with further interest at the rate of 12% per annum on

the sum of Rs.17,96,965/- (Rupees Seventeen Lakhs Ninety Six Thousand

Nine Hundred and Sixty Five only) from this date till the date of payment.

3. That the defendant herein, be and is hereby directed to return

four Toshiba Cold Chamber Die Casting Machines (DL-135H-T Machines –

3 sets and DC – 135-H-FT Machine – 1) with serial Nos.821 A09, 821A11,

821A51, A21A13 and 1 Toyo Cold Chamber Die Casting Machine (125

Ton Model BD 125 V2CW-T) with serial No.4035081 to the Plaintiff

within 30 days from the date of receipt of a copy of the decree.

4. That the defendant herein, shall pay the plaintiff herein, a sum

of Rs.3,00,000/- (Rupes Three Lakhs only) as costs, which comprises the

court fees of about Rs.1,23,980/- Lawyer's fees and other expenses.

5. That both the plaintiff and the defendant herein, be and are

hereby directed to take a