The plaintiff sued for recovery of Rs.97.41 lakhs along with interest based on invoices and shipping bills for exported garments. Defendants were set aside ex-parte. Evidence proved the transactions and liability of the defendants.
Decree was passed for the plaintiff to recover Rs.97,41,240.26 with interest at 12% p.a. and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2017
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.S.No.253 of 2011 M/s.Thai Clothing, rep. by its partners 1.Messrs. C.Chockalingam, (Deceased) Managing Partner 2.Senthilnathan, Partner 3.S.Sundar, Partner Carrying on business at 12-A/27, Umayal Road, Kilpauk, Chennai – 10. [2nd plaintiff is recorded as legal representative of the deceased 1st plaintiff as per the order dated 19.08.2015 in A.No.5167 of 2015] ... Plaintiffs Versus 1.M/s.Melwani Apparel, SDN, BHD, rep. by its Proprietor, Lechman Melwani, 734 156 X Suite 19-01 Level 19th Kumpleks, Antarabangsa, Jalan Sultan Ismail 50250 Kuala Lumpur.
2
2.Melwani's Apparel (P) Limited. Rep. by its Proprietor, Lechman Melwani, 1, North Bridge Road, 19-04/05 High Street Centre, Singapore – 179094.
3.Salvadore Valentine SDN,BHD,
rep. by its Proprietor, Lechman Melwani, Suite E.5-17 Block E.Plaza Mont Kiare, No.2, Jalan Kiara Mont Kian 50480. Kuala lumpur, Malaysia.
... Defendants
Plaint filed under Order IV Rule 1 of Original Side Rules and Order VII Rule 1 & 2 of Civil Procedure Code praying to pass a judgment and decree:
a)to pay a sum of Rs.97,41,240.26 to the plaintiff;
b)to pay interest @ 12% p.a. being the commercial interest on the
principal suit claim of Rs. 97,41,240.26 from the date of plaint till date of realization and
c)to pay the cost of the suit.
For Plaintiffs : Mr.V.Chokalingham
J U D G M E N T
This suit is one for recovery of a sum of Rs.97,41,240.26/-, on the
basis of various invoices under which the plaintiff has exported various garments to the defendants 1 to 3 who are at Kualalumpur and Singapore.
3
exparte on 11.11.2016. On 28.11.2016, the matter was listed before the learned Additional Master for recording evidence.
M/s.Thai Clothing has been examined as P.W.1. He has produced Exs.P1 to P5 documents to show that the plaintiff is a registered Firm and that it is
also involved in Import and Export as well as Foreign Trade.
the plaintiff and the defendants 1 to 3. Invoices under which the goods
were sent has been filed as Ex.P7 to P10 (series). Those invoices and the shipping bills viz., Ex.P11 to P25 are the proof for the supply of goods by the plaintiff to the defendants on various dates mentioned therein.
parties. It is seen from Ex.P29 that the defendants have promised settlement of the pending amounts through Indian Overseas Bank, Chennai. Ex.P45 is the statement of accounts showing the outstanding dues from the defendants 1 to 3 to the plaintiff.
4
6. The above documents establish the genuineness of the transaction
and the case of the plaintiff that the defendants are due and liable to pay a
sum of Rs.97,41,240.26/-.
08.12.2017
dsa
List of the witnesses examined on the side of the plaintiff :
PW1 - Mr.C.Senthilnathan
List of Exhibits marked on the side of the plaintiff:
| Sl. No. |
Exhibits | Description | Dated |
|---|---|---|---|
| 1 | Ex.P1 | Xerox copy of the Partnership Deed executed between the above three partners. |
19.05.2006 |
| 2 | Ex.P2 | Xerox copy of the Certificate of Registration of Partnership registered as document No.729. |
21.07.2006 |
| 3 | Ex.P3 | Xerox copy of the certificate of Import and Export, Foreign Trade, Chennai issued by Director General of Foreign Trade, Chennai. |
21.09.2006 |
| 4 | Ex.P4 | Xerox copy of the Import and Export licence No.0430004175/5/1100 issued to the plaintiff firm by Joint Director-General of Foreign Trade, Chennai. |
04.10.2006 |
| 5 | Ex.P5 | Xerox copy of the registration certificate of Membership, by the Apparel Export Promotion Council, Chennai. |
01.09.2006 |
5
| Sl. No. |
Exhibits | Description | Dated |
|---|---|---|---|
| 6 | Ex.P6 | Sanction Advice – Credit facility by the Indian Overseas bank, Chennai. |
08.08.2006 |
| 7 | Ex.P7 | Purchase order in P.O.No.MEL/01030/IND/003 for Garments as detailed therein for total value in USD 300145-00. |
23.04.2007 |
| 8 | Ex.P8 (series) |
6 Nos. of invoices JBA/004, 005, 013, 014, 015, 016/07-08 sent to the 1stdefendant by plaintiff. |
19.04.2007 to 19.06.2007 |
| 9 | Ex.P9 (series) |
7 Nos. of invoices JBA/006, 007, 008, 009, 010, 011, 012/07-08 sent to the 2nddefendant by the plaintiff. |
17.05.2007 to 25.05.2007 |
| 10 | Ex.P10 | 2 Nos. of invoices JBA 019/07-08 and JBA 20/07-08 sent to the 3rddefendant by the plaintiff. |
26.09.2007 |
| 11 | Ex.P11 | Air Shipping Bill JBA 004/07-08. | 19.04.2007 |
| 12 | Ex.P12 | Air Shipping Bill JBA 005/07-08. | 20.04.2007 |
| 13 | Ex.P13 | Air Shipping Bill JBA 013/07-08. | 14.06.2007 |
| 14 | Ex.P14 | Air Shipping Bill JBA 014/07-08. | 14.06.2007 |
| 15 | Ex.P15 | Air Shipping Bill JBA 015/07-08. | 16.06.2007 |
| 16 | Ex.P16 | Air Shipping Bill JBA 016/07-08. | 19.06.2007 |
| 17 | Ex.P17 | Air Shipping Bill JBA 006/07-08. | 17.05.2007 |
| 18 | Ex.P18 | Air Shipping Bill JBA 007/07-08. | 19.05.2007 |
| 19 | Ex.P19 | Air Shipping Bill JBA 008/07-08. | 21.05.2007 |
| 20 | Ex.P20 | Air Shipping Bill JBA 009/07-08. | 22.05.2007 |
| 21 | Ex.P21 | Air Shipping Bill JBA 010/07-08. | 23.05.2007 |
| 22 | Ex.P22 | Air Shipping Bill JBA 011/07-08. | 24.05.2007 |
| 23 | Ex.P23 | Air Shipping Bill JBA 012/07-08. | 25.05.2007 |
| 24 | Ex.P24 | Air Shipping Bill JBA 19/07. | 26.09.2007 |
| 25 | Ex.P25 | Air Shipping Bill JBA 20/07. | 26.09.2007 |
| 26 | Ex.P26 | The plaintiff's letter by G-Mail 286/511 to the | 16.06.2007 |
6
| Sl. No. |
Exhibits | Description | Dated |
|---|---|---|---|
| 1stdefendant. | |||
| 27 | Ex.P27 | Letter by G-Mail (message) 283/511 to the 1st defendant. |
18.06.2007 |
| 28 | Ex.P28 | The plaintiff's letter to the 1stdefendant. | 12.07.2007 |
| 29 | Ex.P29 | Reply to the plaintiff with copies of letters promising settlement of payment to Indian Overseas Bank, Chennai. |
31.07.2007 |
| 30 | Ex.P30 | The plaintiff's G-Mail letter 230/511 to the 1st defendant. |
15.08.2007 |
| 31 | Ex.P31 | The plaintiff's G-Mail with regard to Debit Note 228/51 of the 1stdefendant. |
16.08.2007 |
| 32 | Ex.P32 | The plaintiff's G-Mail letter 216/511 to the 1st defendant. |
19.08.2007 |
| 33 | Ex.P33 | The plaintiff's G-Mail letter 205/511 to the 1st defendant. |
25.08.2007 |
| 34 | Ex.P34 | The plaintiff's letter to the 1stdefendant. | 15.10.2007 |
| 35 | Ex.P35 | The plaintiff's G-Mail letter 133/511 to the 1st defendant. |
23.10.2007 |
| 36 | Ex.P36 | The plaintiff's G-Mail letter 123/511 to the 1st defendant. |
16.11.2007 |
| 37 | Ex.P37 | The 1stdefendant's Debit Note sent to the plaintiff for USD 55484. |
07.01.2008 |
| 38 | Ex.P38 | The 1stdefendant's letter enclosing 4 post dated cheques for Rs.9,55,990/- drawn on HSBC Bank. |
09.01.2008 |
| 39 | Ex.P39 | The plaintiff's G-Mail letter to the 1st defendant. |
29.01.2008 |
| 40 | Ex.P40 | The plaintiff's G-Mail letter to the 1st defendant. |
29.01.2008 |
| 41 | Ex.P41 | The plaintiff's G-Mail letter to the 1st defendant. |
12.02.2008 |
7
| Sl. No. |
Exhibits Description Dated |
|---|---|
| 42 | Ex.P42 The plaintiff's Lawyer's notice of Demand issued by M/s.Amaresan and Meera, Advocates, Kuala Lumpur, Malaysia to the 1st defendant. 14.07.2008 |
| 43 | Ex.P43 The plaintiff's G-Mail letter to the defendants. 25.09.2008 |
| 44 | Ex.P44 Notice to the 1stand 2nddefendants issued by the High Commission of India, Kuala Lumpur, Malaysia on behalf of the plaintiff. 09.12.2008 |
| 45 | Ex.P45 Statement of Accounts showing the outstanding due by the defendant's 1 to 3 to the plaintiff firm. -- |
| 08.12.2017 | |
| dsa Index Intern |
: Yes/ No et : Yes/ No |
| Speak | ing Order/ Non-speaking Order |
8
R.SUBRAMANIAN, J.
dsa
C.S.No.253 of 2011
08.12.2017
1 issue framed by the court
Whether the suit for recovery of outstanding dues from the defendants is well-founded.
2 provisions across 2 enactments
M/s.Melwani Apparel, SDN, BHD
Melwani's Apparel (P) Limited
Salvadore Valentine SDN,BHD
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
