9911796707
TMI Blog2018 (10) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... ns on 01.03.2017, but had not chosen to either enter appearance through a counsel or come before this court in any other manner. It is also pointed out that, thereafter the sole defendant was set ex-parte on 05.02.2018. Though obvious, it is also brought to my notice that sole defendant has not filed any written statement. 4. It is in the aforesaid circumstances, the aforesaid application for summary judgment has been taken out and obviously issues have not been framed. Therefore the stage on which the aforesaid application for summary judgment has been taken out is in order, is learned counsel for plaintiff counsel's say. 5. I deem it appropriate to examine the prayer for summary judgment under order XIII-A of C.P.C. as amended by the said Act. In other words, I examine the entitlement of the plaintiff to get a summary judgment against the defendant without recording oral evidence with regard to the suit claim. 6. A perusal of amended C.P.C. as amended by the said Act, particularly sub-Rule (3) of Rule 1 of Order XIII-A reveals that an application for summary judgment under Order XIII-A cannot be made in a suit in respect of any Commercial Dispute that has originally been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... working days, defendant is liable to pay interest @ 0.375% per week i.e., 18% per annum. 13. It is submitted by the plaintiff that the defendant did not make entire payment for the power supplied in the aforesaid manner and that as of 30.06.2015, the defendant's account showed a total debit balance of Rs. 1,30,27,680/- (Rupees One Crore Thirty Lakhs Twenty Seven Thousand Six Hundred and Eighty only) towards balance invoice amount. 14. It is also the further case of the plaintiff that the defendant as on 30.04.2016 was liable to pay a sum of Rs. 1,51,77,647/- to the plaintiff, out of which the aforesaid sum of Rs. 1,30,27,680/- is towards balance invoice amount and sum of Rs. 21,49,967/- is towards interest for the period from 01.06.2015 to 30.04.2016. It is also the further case of the plaintiff that notwithstanding this provision, plaintiff agreed to receive a consolidated round sum of Rs. 1,50,00,000/- in full and final settlement of defendants. 15. It is submitted that defendant issued post-dated cheques and thereafter replaced the same with three other post-dated cheques for a sum of Rs. 50,00,000/- each bearing cheque Nos.003575, 003576 and 003577 dated 16.03.2016, 23. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We also like to inform you that, we have yet to receive our depository funds from the generators, whom we had tied up during 2014-15, resulting us on a financial crisis. We hereby like to express our sorry, as we could not able to honor our commitment to clear the dues as, we have not got credit from the external agencies as promised. As we have to overcome from all this bad situation, we had sourced a financial institution for getting a term loan and the same was under process. On receiving a call from the Financial Institution our CEO and CFO had visited them last week for further discussion on sanction process. The Financial Institution informed us, as their statutory audit is under progress, the process on our loan sanction shall be taken for scrutiny only by middle of July 2016. We positively expect that, our sanction and disbursement on loan from the financial institution shall be materialized on by end of 2nd week of August 16 and shall start repaying your dues instantly. As the power restriction were withdrawn by Tamilnadu Government to industries during June 2015, our power trading business is totally stalled and the out standings from other generators also not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due to failure on expected inputs, and now we have been confident on overcoming all the hurdles, and as a good sign, ball started rolling forward.
We hereby assure you that, we shall start paying your dues before 15th May 2016 gradually and shall settle all you dues within 4-5 months period.
Our humble request to you, is to support us at this critical situation please.
Thanks and regards,
S.SOMASUNDARAM
DIRECTOR
GEETHA SAI ENERGY SOLUTIONS PVT LTD.
On Tuesday 3 May 2016, KSPCL Power X X X X Extracts X X X X X X X X Extracts X X X X ..... ocument Nos.16 and 17, bring to light that the defendant has admitted their liability in no uncertain terms. After accepting their liability in no uncertain terms, at least vide 3 plaint documents, which have been alluded to supra, the defendant after receiving summons in the summary suit on 01.03.2017 has not entered appearance within 10 days and taken recourse to sub-rule (5) of Rule 3 of Order XXXVII of C.P.C. Therefore, the plaintiff is certainly entitled to a judgment forthwith under Clause (a) of sub-Rule (6) of Rule 3 of Order XXXVIII of C.P.C. 20. This takes me to the plaint prayer. 21. As the defendant has not honoured the plaintiff's offer by receiving aforesaid round sum of Rs. 1.5 crores in full quits, plaintiff has laid this suit for the entire sum of Rs. 1,67,40,569/-. Besides this, interest has been claimed at the rate of 18% per annum on Rs. 1,30,27,680/-, which is principal amount besides costs of the suit. This takes us to the question as to whether there is any contract between the parties regarding rate of interest. As alluded to supra, it is plaintiff's case that the plaintiff is entitled to get interest @ 0.375% per week, if the invoices are not cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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