Partly allowed

Amalgamations Repco Ltd., v. M/S.Vethon Communications

Madras HC3 Nov 2017CS/969/2009

Case brief

AI extract

What is this about?

Failure to deliver functional material management and payroll software entitled the purchaser to repayment under both contracts. The court held the suit within limitation and rejected the belated misjoinder objection. It decreed repayment with 12% interest until decree, 6% thereafter, and proportionate costs.

What did the court decide?

Repayment under both software contracts, with 12% annual interest on each instalment from payment until decree, 6% thereafter, and proportionate costs.

Amalgamations Repco Ltd., Vs M/S.Vethon… — Contract and Commercial Disputes | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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JUDGMENT RESERVED ON : 11.10.2017

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JUDGMENT PRONOUNCED ON : 03.11.2017

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CORAM

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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C.S.No.969 of 2009

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Amalgamations Repco. Ltd., Regd. Office & Chennai Factory “J” Gardens, G.N.T. Road, Chennai 600 110 Rep by its Company Secretary ... Plaintiff Vs M/s.Vethon Communications, 79/1, Thillai Nagar, 200 Feet Road, Chennai 600 099 Rep. By its Proprietor, Mr.M.V.Srivatsan ... Defendant

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Prayer : Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Code of Civil Procedure, praying for the following judgment and decree:-

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(a) Directing the Defendants to repay the plaintiff the sum of Rs.15,06,304/- (Rupees Fifteen lakh six thousand three hundred and four only) Principal Rs.8,40,000/- (Rupees Eight lakh forty thousand only) + interest at the rate of 18% amounting to Rs.6,66,304/(Rupees six lakh sixty six thousand three hundred and four only)

*Sl.No* .	*Exhibits* *Description of documents*	*Date*
1	P -1 The letter of authoriationgiven by the plaintiff company to give evidence on behalf of the plaintff company
2	P - 2 The quotation for the proposed AMREP Payroll software with functional specifications	05/08/05
3	P - 3 The purchase order No.D6273 issued by the plaintiff to the defendant	19/02/07
4	P - 4 The details of designing and recording on Material Management Systems	-
5	P - 5 The copy of the letter addressed by the defendant to the plaintiff	05/10/05
6	P - 6 The purchase order No.D6274 placed by the plaintiff on the defendant	19./02/07
7	P - 7 The minutes of the meeting of the plaintiff with the service provider	04/05/07
8	P - 8 (serires) The status reports furnished by the defendant to the plaintiff through E-mails	-
9	P - 9 The copy of the letter sent by the plaintiff to the defendant	08/06/07
10	P -10 The copy of the E-mail sent by the defendant to the plaintiff	18/06/07
11	P - 11 The copy of the letter written by the plaintiff to the defendant	05/07/07
12	P - 12 The letter written by the plaintiff to the defendant	25/07/07
13	P -13 The letter written by the plaintiff to the defendant	26/10/07
14	P – 14 The letter written by the defendant to the plaintiff	31/01/08
15	P – 15 The copy of the letter written by the plaintiff to the defendant	06/02/08
16	P – 16 The copy of the letter written by the plaintiff to the defendant	14/02/08
17	P – 17 The letter written by the defendant to the plaintiff	15/02/08
18	P – 18 The copy of the letter written by the plaintiff to the defendant	18/02/08
19	P – 19 The copy of the E-mail sent by the defendant to the	21/02/08

*Sl.No* .	*Exhibits*	*Description of documents*	*Date*
		plaintiff
20	P – 20 (series)	The Copy of the E-mails exchanged between the plaintiff and the defendants	-
21	P – 21	The copy of the E-mail exchanged between the plaintiff and the defendant	-
22	P – 22	The copy of the E-mail sent by the defendant to the plaintiff	23/02/08
23	P – 23	The copy of the letter sent by the plaintiff to the defendant	26/05/08
24	P – 24	The letter written by the defendant to the plaintiff	28/05/08
25	P – 25	The copy of the letter written by the plaintiff to the defendant	12/01/09
26	P – 26	The letter written by the defendant to the plaintiff	20/01/09
27	P – 27	The copy of the letter sent by the plaintiff to the defendant	23/01/09
28	P – 28	The letter written by the defendant to the plaintiff	11/02/09
29	P – 29	The copy of the letter written by the plaintiff to the defendant	13/02/09
30	P – 30	The letter written by the defendant to the plaintiff	23/02/09
31	P – 31	The copy of the letter written by the plaintiff to the defendant	24/02/09
32	P – 32	The copy of the E-mail sent by the defendant to the plaintiff	25/02/09
33	P – 33	The copy of the E-mail exchanged between the plaintiff and the defendant	27/02/09
34	P – 34	The copy of the letter as well as soft copy received through E-mail	02/03/09
35	P – 35	The copy of the letter written by the plaintiff to the defendant	26/03/09
36	P – 36 (Series)	The invoices raised by the defendant on the plaintiff	-
37	P – 37	The statement of account of the plaintiff relating to the defendant	-

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What did the court decide?

What the court decided

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