Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 13.02.2017 Pronounced on : 21.02.2017 CORAM THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.739 of 2012 Orchid Chemicals and Pharmaceuticals Limited, “Orchid Towers”, No.313, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034 represented herein by its Sr. General Manager – Legal &
Company secretary Mrs.Bhoomijha Murali .. Plaintiff vs.
1. Cecil Pharmaceuticals Private Limited, Regd. Officer : Plot No.2, 3, 8 & 9, EPIP SIDCO, Kartholi, Bari Brahmana, Jammu, Jammu & Kashmir – 181 133.
Also at No.13, Suit No.302, Cyber Heights, Road No.2, Banjara Hills, Hyderabad – 500 033.
2. Sanvi Organics Private Limited, Regd. Office : Plot No.14, Flat No.302, Rani Classic, Ayyappa Society, Madhapur, Hyderabad – 500 081. .. defendants Civil Suit filed under Order IV Rule 1 of Original Side Rules 1956 read with Order VII Rule 1 CPC praying for the following judgment and decree against the defendants.
a) directing the defendants joints and severally made payment of a sum of Rs.30,06,133/- (being Rs.20,32,795/- towards principal outstanding on the invoices along with Rs.9,73,338/- being interest at the rate of 17.5% p.a. From 23.1.2010 to till the date of this plaint) also with further interest at the rate of
17.5% per annum from the date of plaint till the date of realisation;
b) costs of the suit.
For plaintiff : T.S.Vijaya Raghavan For defendants : Expare
J U D G M E N T
The suit is filed for recovery of a sum of Rs.30,06,133/- together with interest at the rate of 17% per annum on the principal sum of Rs.20,32,795/-
from the date of plaint till the date of realisation.
2. The brief facts of the plaintiff case is as follows :
The plaintiff is a leading manufacturer of bulk drugs and having registered office at Chennai. The first defendant, who is also doing similar business, approached the plaintiff for purchase of various products manufactured by the plaintiff. Accordingly they purchased various drugs by way of purchase orders from 09.09.2009. The account of the first defendant is a running account. During the course of the business, the first defendant paid a sum of Rs.10,00,000/- on 19.10.2010 and Rs.9,41,398/- on 29.09.2009. The above amounts were properly given credit to the first defendants' running account. The act of the first defendant claiming himself as a director of the second defendant herein, which is a group of companies of the first defendant also placed orders for supply of Cefazoiln Sodium Sterile by way of purchase orders on 15.09.2010. The defendant also issued a cheque for a sum of Rs.4,72,416/- However, the said cheque was dishonoured on presentation. On 26.08.2011, the plaintiff has requested the second defendant to make entire payment and the said letter was also acknowledged and in fact, the second defendant has acknowledged the liability in writing on 26.08.2011. As the defendants failed to pay the amount, the present suit has been filed.
3. Though notice was served on the defendants, they have not chosen either to appear in person or through counsel. Therefore, they were set ex parte by this Court on 09.12.2013.
4. On the side of the plaintiff, the Executive Vice President of the plaintiff company was examined as P.W.1 and Ex.P.1 to Ex.P.25 were marked.
Exhibits produced on the side of the plaintiff:
| S.No. | Exhibits | Date | Description |
| 1. | P-1 | 13.02.2013 | Original Board Resolution authorising P.W.1 |
| 2. | P-2 | 09.09.2009 | Copy of the purchase order |
| 3. | P-3 | 29.09.2009 | Copy of the Invoice |
| 4. | P-4 | 29.09.2009 | Copy of excise challan |
| 5. | P-5 | 29.09.2009 | Copy of proof of despatch |
| 6. | P-6 | 09.10.2009 | Copy of Invoice |
| 7. | P-7 | 09.10.2009 | Copy of excise challan |
| 8. | P-8 | 09.10.2009 | Copy of proof of despatch |
| 9. | P-9 | 23.10.2009 | Copy of Invoice |
| 10. | P-10 | 23.10.2009 | Copy of excise challan |
| 11. | P-11 | 23.10.2009 | Copy of proof of despatch |
| 12. | P-12 | 20.09.2010 | The original cheque No.224480 issued to the plaintiff by the first defendant |
| 13 | P-13 | 15.10.2010 | The original cheque No.224481 issued to the plaintiff by the first defendant |
| 14. | P-14 | 15.11.2010 | The original cheque No.224484 issued to the plaintiff by the first defendant |
| 15. | P-15 | 15.09.2010 | Copy of the purchase order |
| 16. | P-16 | 07.10.2010 | Copy of Invoice |
| 17. | P-17 | 07.10.2010 | Copy of excise challan |
| 18. | P-18 | 07.10.2010 | Copy of proof of despatch |
| 19. | P-19 | 25.08.2011 | Copy of the letter sent by the plaintiff to the second defendant |
| S.No. | Exhibits | Date | Description |
| 20. | P-20 | 26.08.2011 | Copy of the letter sent by the second defendant to the plaintiff |
| 21. | P-21 series | 17.12.2011 | Copy of the letter sent by the plaintiff to the defendants along with returned covers |
| 22. | P-22 | 02.01.2012 | Copy of the letter sent by the plaintiff to the second defendant along with returned covers |
| 23. | P-23 | 24.01.2012 | Copy of the letter sent by the plaintiff to the defendants along with returned covers |
| 24. | P-24 | 18.02.2012 | Copy of the letter sent by the plaintiff to the second defendant with acknowledgment |
| 25. | P-25 | -- | Statement of Accounts |
P.W.1. - L.Chandrasekar
5. Heard the learned counsel for the plaintiff and perused the records.
6. On the side of the plaintiff, one Chandrasekar Executive Vice President of the Plaintiff company is examined as P.W.1. P.W.1 in his evidence has stated about the supply of bulk drugs on the basis of purchase orders and invoices and iss
