TMI Blog2018 (2) TMI 1939X X X X Extracts X X X X X X X X Extracts X X X X ..... ute that the defendant No. 1 has paid only a sum of ₹ 53,07,000/- leaving the balance of ₹ 1,03,50,000/-. The Counsel for defendants No. 1 to 3 has drawn attention to the pleas taken in the written statement and on which issues aforesaid were framed but which as aforesaid are found to have been proved in favour of the plaintiff. Though the defendants took a plea of the machinery being of inferior quality and of an Agreement with the plaintiff of payment of price thereof in instalments, but have utterly failed to prove the same and the said pleas are found to be falsified from the contemporaneous conduct of issuance of cheques and confirmation of balance - the issues decided in favour of the plaintiff and against the defendant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 1,03,50,000/- with interest at 24% per annum from 1st April, 2012 till the date of institution of the suit and at 9% per annum w.e.f. the date of institution of the suit till the date of realisation/payment - The suit, insofar as against the defendants No. 2 to 4 is dismissed. - CS (OS) 3318 of 2012 - - - Dated:- 8-2-2018 - Rajiv Sahai Endlaw, J. For Appellant: Gulshan Chawla, Advocate For Respondents: Faisal Zafar, Adil Khan and Vikas Sharma, Advocates JUDGMENT Rajiv Sahai Endlaw, J. 1. The plaintiff has instituted this suit for recovery of principal amount of ₹ 1,03,50,000/-, being the unpaid price of the machinery supplied by the plaintiff to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PD 2. Whether the Plaintiff agreed to receive the amount due to the Plaintiff in instalments without interest as claimed by the Defendants? --OPD 3. Whether the Defendants No. 2 to 4 are jointly or severally liable to pay the amount? 4. To what amount, if any, the Plaintiff is entitled to recover from the Defendants? If so, whether the Plaintiff is entitled to any interest and what interest? 5. Relief: 3. The parties have led their evidence, with each of the parties having examined one witness and the suit is ripe for final hearing. 4. The Counsel for the plaintiff and the Counsel for the defendants No. 1 to 3 have been heard. 5. The pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y liable for the debts of the defendant No. 1. On enquiry, it is stated that there is no case pleaded or proved of piercing of corporate veil of the defendant No. 1. 10. The Counsel for the plaintiff also on enquiry merely states that the defendant No. 2 was signing all documents and dealing with the plaintiff and the said fact is not disputed. 11. A company, being a juristic entity, has to necessarily act through natural persons and we are still far from the day when such juristic entities, with the assistance of Artificial Intelligence will enter into contracts without acting through natural persons. Thus, merely because a natural person has acted on behalf of a juristic entity like a company will not make such n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1 to 3 thus contends that the liability for interest for the pre suit period would be w.e.f. 1st April, 2012. 16. The Counsel for the plaintiff states that the plaintiff nowhere in the said Agreement superseded the clause in the invoices for payment of interest. 17. Undoubtedly so; however a reading of the entire Agreement shows the intent of the plaintiff to accommodate the defendant and to not claim any interest till then. 18. Thus, the claim of the plaintiff for interest at 24% per annum can only be w.e.f. 1st April 2012 till the date of institution of the suit. 19. Issue No. 4 is decided accordingly. 20. A decree is accordingly passed in favour of the plaintiff and aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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