TMI Blog2013 (4) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... ord, this Court is of the opinion that plaintiff has proved the facts stated in the plaint and also exhibited the relevant documents in support of its case. Since the plaintiff’s evidence has gone unrebutted, said evidence is accepted as true and correct. Consequently, present suit is decreed for a sum of Rs.36,13,913.50/- in favour of the plaintiff company and jointly and severally against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may also be awarded to the plaintiff company and against the defendants. C) Cost of the suit be also passed/awarded to the plaintiff company and against the defendant. Such other relief which this Hon ble Court deems fit and expedient under the circumstances be also awarded in favour of the plaintiff company and against the defendants. 2. Briefly stated the facts of the present case are that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Rs.5 lakhs balance lying with the defendants for 2005-2006. Another sum of Rs.15,48,695/- was also paid by the plaintiff to the defendants during the said season. 5. Defendants raised bills amounting to Rs.37,91,173.50/-. Defendants also issued a credit note for Rs.1,30,500/- for unutilised services during 2005-2006. 6. Consequently, at the end of the season, a total of Rs.28,88,021.50/- s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuary, 2008, a Charter contract was signed between the parties. In the said document, the defendants acknowledged that a credit of Rs.25 to Rs.30 lakhs was lying in favour of the plaintiff. The said Charter contract is exhibited as Ex.PW1/5. 11. Since the defendants did not refund the excess amount to the plaintiff despite repeated requests, plaintiff filed the present suit for recovery of Rs.36 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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