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2019 (3) TMI 962 - HC - Companies LawOutstanding dues - undefended suit - Plaintiff entitlement to get the decree prayed for in the instant suit - HELD THAT:- As established from the evidence on record that the defendant was to supply 92,000 Metric Tonnes (MT) of Iron Ore fines to the plaintiff company after the advance payment for the same was made. The plaintiff company paid a sum of ₹ 15,66,50,000/- to the defendant in lieu of the agreement with the defendant, but the plaintiff company received Iron Ore fines worth only ₹ 5,84,10,000/-, thus supply of iron ore fines worth ₹ 8,82,40,000/- remained outstanding. The plaintiff company tried to approach the defendant on various occasions demanding the outstanding amount but the defendant never repaid the said amount to the plaintiff company. The defendant through an e-mail dated 13th November, 2011 acknowledged the sum due and also promised to refund an initial amount of ₹ 4,20,00,000/- by January, 2012 to the plaintiff company. When the defendant on various occasion failed to pay the amount due to the plaintiff company, the plaintiff company on 31st March, 2014 through its advocate filed a Civil Suit in this Court with regard to the outstanding claim of the plaintiff. It is to be noted that the suit is well within the period of limitation. It is to be noted that the defendant has entered appearance but chosen not to file any written statement. In view of the same the suit has been treated as an undefended suit. The plaintiff company has prayed for ₹ 12,00,06,400/-, out of which ₹ 8,82,40,000/- is the principal amount and ₹ 3,17,66,400/- is the interest amount (calculated @ 18% p.a. from January, 2012 to December, 2013). In view thereof, the plaintiff company is entitled to get an ex-parte decree against the defendant for the principal sum of ₹ 8,82,40,000/- along with the interest @ 9% p.a. from 13th November, 2011 till the date of payment.
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