Partly allowed

T.Sakthivel v. M/S.Bkr Hotels

Madras HC26 Sept 2024CS/233/2014

Case brief

AI extract

What is this about?

Electrical contractor sued hotel entities for unpaid work bills of about Rs.1.48 crore. Court found bills proved but excluded VAT component and Rs.7,18,023 store-room claim; full-and-final settlement plea not proved; suit partly decreed with 12% interest from plaint.

What did the court decide?

Decreed bill amounts excluding VAT and Rs.7,18,023/- with 12% p.a. interest from plaint till realization; no costs.

T.Sakthivel Vs M/S.Bkr Hotels — Contract and Commercial Disputes | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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RESERVED ON : 30.11.2023

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PRONOUNCED ON : 26.09.2024

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CORAM:

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THE HON`BLE MR.JUSTICE A.A.NAKKIRAN

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C.S. No. 233 of 2014

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T. Sakthivel Proprietor of M/s.Vanitha Electricals, No.5. Ragavaiah Road, T.Nagar, Chennai-600 017. ....Plaintiff

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1.M/s BKR Hotels Represented by its Managing Partner, D. R.Balakrishna Raja, Having office at No.9, Venkatesan Street, T.Nagar, Chennai-600 017.

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2.M/s BKR Hotels and Resorts (P) Ltd. Represented by its Managing Director, D.R.Balakrishna Raja Having office at No.9, Venkatesan Street, T.Nagar, Chennai-600 017.

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S.No	Exhibits	Description of documents
1.	Ex P1	(Series) (2 Nos.) are the delivery challan of M/s.Ace Tecch Engineers.
2.	Ex P2	(Series) (2 Nos.) are the invoices of Amit Electricals.
3.	Ex P3	is the delivery challan of Amit Electricals.

S.No	Exhibits	Description of documents
4.	Ex P4	(Series) (13 Nos.) are the invoices of Bhawarlal Suresh Kumar Jain
5.	Ex P5	is the invoice of Chetan Cable.
6.	Ex P6	(Series) (31 Nos.) are the invoices Chopra Industrial Corporation.
7.	Ex P7	(Series) (34 Nos.) are the delivery challan of Chopra Industrial Corporation.
8.	Ex P8	(Series) (25 Nos.) are invoices of Citadal Controls Private Limited.
9.	Ex P9	(Series) (26 Nos.) are delivery challan of Citadal Controls Private Limited.
10	Ex P10	(Series) (4 Nos.) are invoices of Diamond Electricals,
11.	Ex P11	is the delivery challan of Diamond Electricals.
12.	Ex P12	(Series) (5 Nos.) are invoices of Dwaraka Electricals.
13.	Ex P13	is the invoice of Fomra Electronics Private Limited.
14.	Ex P14	(Series) (5 Nos.) are the invoices of Gandhi Industrial Electricals.
15.	Ex P15	(Series) (6 Nos.) are delivery challans of Gandhi Industrial Electricals.
16.	Ex P16	(Series) (33 Nos.) are delivery challan of High Tech Power Dry.
17.	Ex P17	(Series) (31 Nos.) are the invoices of Inner Space.
18.	Ex P18	(Series) (13 Nos.) are invoices of International Cables.
19.	Ex P19	(Series) (13 Nos.) are delivery challan of International Cables.
20.	Ex P20	(Series) (4 Nos.) are the tax invoices of Jain Distributors.
21.	Ex P21	(Series) (8 Nos.) are delivery challan of Jain Distributors.
22.	Ex P22	is the cash bill of Lakshmi Agencies.
23.	Ex P23	(Series) (33 Nos.) are the delivery challan of ILED Lighting System.
24.	Ex P24	is the invoice of lighting wonders.
25.	Ex P25	(Series) (10 Nos.) are the delivery challans of lighting

17.	Ex P17	(Series) (31 Nos.) are the invoices of Inner Space. wonders.
26.	Ex P26	(Series) (49 Nos.) are invoices of Orient Electricals and Engineers (I) Private Limited.
27.	Ex P27	(Series) (42 Nos.) are delivery challans of Orient Electricals.
28.	Ex P28	(Series) (3 Nos.) are invoices of Power solutions
29.	Ex P29	(Series) (3 Nos.) are delivery challan of power solutions.
30.	Ex P30	(Series) (3 Nos.) are invoices of Rahul Cables.
31.	Ex P31	(Series) (7 Nos.) are invoices of Raju Electricals.
32.	Ex P32	is the delivery challan of RMH Control Systems
33.	Ex P33	(Series) (8 Nos.) are invoices of Ratna Electricals.
34.	Ex P34	(Series) (3 Nos.) are invoices of Ratna Fan House Private Limited.
35.	Ex P35	(Series) (2 Nos.) are delivery challans of reflections.
36.	Ex P36	(Series) (11 Nos.) are invoices of RK Electronics.
37.	Ex P37	(Series) (3 Nos.) are delivery challan of RK Electronics.
38	Ex P38	is the invoice of Royal Agencies.
39	Ex P39	(Series) (33 Nos.) are invoices of Royal Marketing
40	Ex P40	(Series) (23 Nos.) are delivery challans of Royal Marketing
41	Ex P41	(Series) (2 Nos.) are invoices of SHARK Enterprises.
42	Ex P42	(Series) (3 Nos.) are invoices of SK Electricals.
43	Ex P43	is the invoice of Shri Dhanalakshmi Hardwares.
44	Ex P44	(Series) (39 Nos.) are invoices of Super Tube Corporation.
45	Ex P45	Series (41 Nos.) a delivery challans of Supertube Corporation.
46	Ex P46	Series (3 Nos.) are invoices of Texonix instruments.
47	Ex P47	is the delivery challan of Texonix instrument.
48	Ex P48	Series (3 Nos.) are invoices of Vasavi Enterprises.

35.	Ex P35	(Series) (2 Nos.) are delivery challans of reflections.
49	Ex P49	Series (2 Nos.) are delivery challans of Vasavi Enterprises.
50	Ex P50	Series (2 Nos.) are invoices cum delivery notes of Venu's Electricals.
51	Ex P51	is the office xerox copy letter from Hoskara Erco Private Limited to the defendant (Marked subject to objection).
52	Ex P52	is the list of drawings issued by the Architect to the plaintiff.
53	Ex P53	is the instruction for Architect.
54	Ex P54	is the minutes of the meeting held at the site.
55	Ex P55	is the instruction from the Architect.
56	Ex P56	is the drawings of control panel High Tech Power Drive.
57	Ex P57	is the list of drawings issued by the Architect by the plaintiff.
58	Ex P58	is the minutes of meeting letter.
59	Ex P59	is the letter of recommendation by the Architect.
60	Ex P60	Series (2 Nos.) are the maintenance job orders.
61	Ex P61	is the letter from the plaintiff to the defendant.
62	Ex P62	Series (11 Nos.) are the details of work done by plaintiff in respect of BKR Convention Centre.
63	Ex P63	Series (38 Nos.) are details of work done by plaintiff in respect of BKR Hotel.
64	Ex P64	Series (36 Nos.) are details of measurement and work done by the plaintiff in respect of BKR Hotel.
65	Ex P65	is the order of the Hon'ble Court in Crl. O.P. No.16811 of 2012.
66	Ex P66	Series is the letter from the plaintiff to the defendant along with courier receipts and return covers.
67	Ex P67	Series are the letter from the plaintiff for payments and the bankers along with postal receipts and acknowledgment cards.

35.	Ex P35	(Series) (2 Nos.) are delivery challans of reflections.
68	Ex P68	Series (18 Nos.) are the layout plans given by the Architect.
69	Ex P69	Series (14 Nos.) are list of drawings issued by the Architect to the plaintiff.
70	Ex P70	Series (2 Nos.) are the scope of work done statement.
71	Ex P71	is the list of drawing issued by the Architect.
72	Ex P72	is the list of electrical load in detail (Marked subject to objection).
73	Ex P73	is the minutes of meeting held (Marked subject to objection).
74	Ex P74	is the minutes of meeting held (Marked subject to objection).

S.No	Exhibits	Description of documents
1.	Ex D1	The Signature found in the receipt is marked (Marked during P.W.1 cross)
2.	Ex D2	The Bank Statement is marked (Marked during P.W.1 cross)
3.	Ex D3	is the Original Authorization Letter dated 14.07.2019.
4.	Ex D4	Is the Xerox copy of the complaint dated 09.07.2012 (Learned plaintiff counsel objected to marking of Ex.D4)

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What did the court decide?

What is this about?

What did the court decide?

What the court decided

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