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2025 Supreme(Online)(Mad) 60906

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. K. Govindarajan Thilakavati, J
M/s. Rishabh Enterprises, rep. by its Partner Mr.Rakesh Daga – Appellant
Versus
M/s. Bharat Heavy Electricals Limited – Respondent


Advocates:
For the Appellants/Petitioners: Mr. K.S. Ganesh Babu
For the Respondents: Mr. S.Shyam Kumar

JUDGMENT

In this Second Appeal, challenge is made to the aggrieved portion of judgment and decree dated 26.02.2019 passed in A.S. No.426 of 2018, on the file of the XVII Additional City Civil Court, Chennai, confirming the aggrieved portion of Judgment and decree dated 08.12.2016 passed in O.S.No.3094 of 2015, on the file of the V Assistant City Civil Court, Chennai.

2. The unsuccessful plaintiff before both the courts below has filed the present second appeal.

3. For the sake of convenience the parties are referred to as per their ranking in the trial court.

4. The case of the plaintiff is that he has supplied refrigeration items to the defendant on credit basis on various purchase orders and raised invoices for payment there to. The defendant has made part payments of a sum of Rs.2,25,414/-on 9.6.2014 and a sum of Rs.18,58,103/- on 8.7.2014 totalling an amount of Rs.20,83,517/- through ICICI RTGS payment towards the abovesaid purchase. After giving credit to the said part payments made by the defendant, still there is a sum of Rs.3,21,650/- due and payable by the defendant to the plaintiff. In spite of the plaintiff's request and demand made vide its letters dated 9.9.2014 and 29.1.2

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