IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.09.2025 CORAM:

THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI and CMP.No.25320 of 2024 M/s.Maruthi Air Conditioners Rep.by its Managing Director, D.Suresh Kumar .. Appellant/Defendant vs.

M/s.Asva Cool Solutions Private Limited, Rep.by its Managing Director T.K.Sankaran .. Respondent/Plaintiff PRAYER: This Second Appeal is filed under Section 100 of C.P.C., to set aside the judgment and decree in A.S.No.87 of 2021, dated 10.04.2024 on the file of XXII Additional Judge, City Civil Court, Chennai, reversing the judgment and decree in O.S.No.488 of 2013 dated 28.02.2019 on the file of the VII Assistant City Civil Court, Chennai.

For Appellant : Mr.K.Lavan For Respondent : Mr.N.Bhaskaran JUDGMENT Against the reversal findings made in A.S.No.87 of 2021 by the XXII Additional City Civil Court, Chennai dated 28.02.2019, the defendant who is aggrieved of the said Judgment has preferred the second appeal.

2.Parties are indicated herein as per their litigative status and ranking before the Trial Court.

3. According to the plaintiff, the respondent herein (M/s.Maruthi Air Conditioners) had placed a Purchase Order dated 25.05.2010 in Chennai for the supply of PUF Panels and Refrigeration Units as per the basis of Design and Annexure-Blue Star Cold Room – 1 Lot, at a cost of Rs.1,60,000/- with VAT at 12.5% at Rs.20,000/- with the total cost of unit at Rs.1,80,000/- towards the installation and Commissioning Charges of Rs.25,000/-, at a total cost of Rs.2,05,000/- by enclosing cheque bearing No.640619 dated 25.05.2010, drawn on Axis Bank, for a sum of Rs.90,000/- towards the advance amount and the Cold Room – Storage unit to be delivered, installed and commissioned at Murugan Idli Shop at Purasawalkam, was duly installed and commissioned by the plaintiff on

29.06.2010.

3.1. Another Purchase Order was placed by the defendant dated

07.07.2010 in Chennai with the plaintiff for the supply of PUF, Panels and Refrigeration Units as per the basis of Design and Annexure, with dimensions 1.77 (D) x 2.36 (W) x 2.39 (H)(m) – 1 Lot at a cost of Rs.1,70,000/- with VAT at 12.5% - Rs.21,250/-, the total cost of the unit was Rs.1,91,250/-. Adding the installation and commissioning charges of Rs.25,000/-, thus the total cost of Rs.2,16,250/-. The Cold Room – Storage unit to be delivered, installed and commissioned at Murugan Idli Shop at Pursaiwakkam and it was installed and commissioned by the plaintiff on 27.08.2010. The defendant issued a cheque bearing No.611875 dated 22.06.2010, for a sum of Rs.90,000/-, in favour of the plaintiff .

3.2 The defendant accepted to make the payment of Rs.4,21,250/-

to the plaintiff, as it was treated as one transaction for account purpose. Against the above said Purchase Orders placed by the defendant, the defendant made a further part payment of Rs.1,70,000/- by way of cheque bearing No.611892 dated 08.07.2010, in favour of the plaintiff.

All the payments were duly honoured by the defendant.

3.3 As per the agreed terms of the Purchase Order, 50% of the amount was to be paid along with the order, and the balance after the delivery of the unit, with the remaining 50% payable after the completion of work. The plaintiff realized only a sum of Rs.3,50,000/- by way of three cheques as on 08.07.2010 against the total sum of Rs.4,21,250/-. The defendant still owes a sum of Rs.71,250/- which ought to have been paid on 27.08.2010 after completion of work at Valasaravakkam, Murugan Idli Shop, the second designated place mentioned by the defendant.

3.4. The plaintiff continuous demanded for settling the amount of Rs.71,250/-. However, despite repeated demands, the defendant failed to settle the said sum. By a letter dated 08.07.2011,the plaintiff called upon the defendant to settle the due of Rs.71,250/- to the plaintiff herein. Despite the receipt of said letter of the plaintiff, the defendant did not come forward to pay all the dues.

3.5. The plaintiff also issued a legal notice dated 08.06.2012, c