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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION)

WEDNESDAY, THE 23RD DAY OF MARCH 2022

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

C.S.No.249 of 2014

(*) Halonix Technologies Private Limited,

Having its registered office at

B-31, Phase-II, Noida,

Distt. Gautam Budh Nagar (UP) – 201305

Rep. by its Constituted Attorney

(**) Mr.Shashwat Gaur

(*) (Amended as per the order dated 26.09.2019

in A.No.7287 of 2019 and

time extended as per order dated 15.10.2019 )

(**) (Amended as per order dated12.02.19 in A.No.1095/19)

...Plaintiff

vs.

Cema Electric Lighting Products India Pvt. Ltd.,

No.10, Anna Avenue,

Bhakthavatsalam,

Adyar, Chennai – 600 020.

Rep. by its Director. ...Defendant

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

judgement and decree against the defendant in the following terms:-

(a) Directing the Defendant, Cema Electric Lighting Products

India Pvt. Ltd., to pay the Plaintiff a sum of Rs.4,48,00,986/- with further

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interest on the principal amount of Rs.3,08,97,232/- at 15% per annum from

the date of the institution of this suit till the date of realization.

(b) to direct the Defendant to pay the Plaintiff, the costs of such

suit.

This Civil Suit having been heard on 03.03.2022 in the presence

of M/s.Thriyambak J.Kannan and Preeti Mohan, Advocate for the plaintiff

herein and Mr.B.Giridhara Rao and Mr.T.Poornam Advocate for the

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

exhibits therein referred hereto and and upon perusing the evidence adduced

therein and having been stood over consideration till this date and coming

on this day before this Court for orders in the presence of the said advocates

for the parties hereto and this Court having observed that there is an

admission of liability to the extent of Rs.2,40,49,163/- as of 30.11.2010, the

Plaintiff admitted that the Defendant paid a sum of Rs.25,00,000/- through

two cheques dated 05.02.2011, and these receipts are subsequent to the

admission of liability, thereafter, the predecessor-in-interest of the Plaintiff

issued credit note dated 17.02.2011 for Rs.25,56,000/-, both these material

developments are subsequent and credit should be given to these amounts

while arriving at the amount due from the Defendant as on the date of suit,

therefore, after reckoning the aforesaid amounts, the Plaintiff is entitled to a

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decree for a sum of Rs.1,89,93,163/-, which is Rs.2,40,49,163 minus

Rs.25,00,000 minus Rs.25,56,000/-, the contract documents do not specify

the rate of interest, the relationship between the predecessor-in-interest of

the Plaintiff and Defendant was commercial and, consequently, the Plaintiff

is entitled to interest at a rate commensurate with the applicable interest

rates during the relevant period, on such basis, it is concluded that the

Plaintiff is entitled to interest at 12% per annum from the date of the e-mail

of December 2010,

it is ordered and decreed as follows:-

That the defendant herein, do pay to the plaintiff herein, a sum

of Rs.4,46,90,132/- (Rupees Four Crores Forty Six Lakhs Ninety Thousand

One Hundred and Thirty Two only) with interest at the rate of 12% per

annum on the sum of Rs.1,89,93,163/- (Rupees One Crore Eighty Nine

Lakhs Ninety Three Thousand One Hundred and Sixty Three only) from

this date till the date of realization.

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

assessed in a sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand

only) (this includes a sum of Rs.4,51,535/- (Rupees Four Lakhs Fifty One

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Thousand Five Hundred and Thirty Five Only) towards court fees and the

remainder towards l