Court awards plaintiff 1,11,04,928/- + costs. Defendant's dishonored cheques led to ex-parte judgment.

The court decreed in favor of the plaintiff for the recovery of the outstanding amount of 1,11,04,928/- along with interest, costs, and lawyer's fees. The defendant's issuance of dishonored cheques and failure to respond to legal notices led to ex-parte proceedings, with the court finding the defendant's actions as evasive and indicative of mala fide intent. The evidence presented, including board resolutions and purchase orders, supported the plaintiff's claim, resulting in a favorable decree against the defendant for the outstanding dues.

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Issues: Recovery of outstanding amount, dishonor of cheques, legal notice, ex-parte proceedings, evidence submitted, decree.

Recovery of Outstanding Amount: The plaintiff filed a suit for the recovery of an outstanding amount of &8377; 1,11,04,928/- along with interest. The plaintiff alleged that they supplied goods to the defendant as per purchase orders, resulting in an outstanding amount of &8377; 89,84,570/- as of January 8, 2014. Despite repeated requests, the defendant failed to clear the dues, leading to the plaintiff initiating legal action.

Dishonor of Cheques: The defendant issued multiple cheques towards part payment of the outstanding amount. However, due to false promises and delay tactics by the defendant, the first two cheques expired without being presented. The third cheque of &8377; 50,00,000/- was presented but returned unpaid. Another cheque issued later was also returned unpaid due to insufficient funds, indicating a mala fide intent to evade payment.

Legal Notice and Ex-Parte Proceedings: The plaintiff served a legal notice on the defendant demanding payment, which went unanswered. As the defendant did not appear despite being served, the court proceeded ex-parte against the defendant. The plaintiff submitted evidence, including board resolutions, purchase orders, tax invoices, ledger accounts, and copies of cheques, to support their claim.

Decree: After examining the evidence and finding the defendant's actions indicative of mala fide intent to avoid payment, the court decreed the suit in favor of the plaintiff for the outstanding amount of &8377; 1,11,04,928/- along with interest at 8% per annum, costs incurred, and lawyer's fees. The court directed the registry to prepare a decree sheet accordingly, holding the defendant liable for the outstanding dues.

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