TaxTMI 
TaxTMI 
2018 (10) TMI 1010
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....fendant has been duly served with suit summons on 01.03.2017, but had not chosen to either enter appearance through a counsel or come before this court in any other manner. It is also pointed out that, thereafter the sole defendant was set ex-parte on 05.02.2018. Though obvious, it is also brought to my notice that sole defendant has not filed any written statement. 4. It is in the aforesaid circumstances, the aforesaid application for summary judgment has been taken out and obviously issues have not been framed. Therefore the stage on which the aforesaid application for summary judgment has been taken out is in order, is learned counsel for plaintiff counsel's say. 5. I deem it appropriate to examine the prayer for summary judgment under order XIII-A of C.P.C. as amended by the said Act. In other words, I examine the entitlement of the plaintiff to get a summary judgment against the defendant without recording oral evidence with regard to the suit claim. 6. A perusal of amended C.P.C. as amended by the said Act, particularly sub-Rule (3) of Rule 1 of Order XIII-A reveals that an application for summary judgment under Order XIII-A cannot be made in a suit in respect of....
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....conditions of the invoice, if the payment is not received within five working days, defendant is liable to pay interest @ 0.375% per week i.e., 18% per annum. 13. It is submitted by the plaintiff that the defendant did not make entire payment for the power supplied in the aforesaid manner and that as of 30.06.2015, the defendant's account showed a total debit balance of Rs. 1,30,27,680/- (Rupees One Crore Thirty Lakhs Twenty Seven Thousand Six Hundred and Eighty only) towards balance invoice amount. 14. It is also the further case of the plaintiff that the defendant as on 30.04.2016 was liable to pay a sum of Rs. 1,51,77,647/- to the plaintiff, out of which the aforesaid sum of Rs. 1,30,27,680/- is towards balance invoice amount and sum of Rs. 21,49,967/- is towards interest for the period from 01.06.2015 to 30.04.2016. It is also the further case of the plaintiff that notwithstanding this provision, plaintiff agreed to receive a consolidated round sum of Rs. 1,50,00,000/- in full and final settlement of defendants. 15. It is submitted that defendant issued post-dated cheques and thereafter replaced the same with three other post-dated cheques for a sum of Rs. 50,00,00....
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....ettle our dues of Rs. 1,30,27,680/- being the balance for the supply electricity power generated by to M/s Kamachi Sponge & Power Corporation Limited, Chennai. We also like to inform you that, we have yet to receive our depository funds from the generators, whom we had tied up during 2014-15, resulting us on a financial crisis. We hereby like to express our sorry, as we could not able to honor our commitment to clear the dues as, we have not got credit from the external agencies as promised. As we have to overcome from all this bad situation, we had sourced a financial institution for getting a term loan and the same was under process. On receiving a call from the Financial Institution our CEO and CFO had visited them last week for further discussion on sanction process. The Financial Institution informed us, as their statutory audit is under progress, the process on our loan sanction shall be taken for scrutiny only by middle of July 2016. We positively expect that, our sanction and disbursement on loan from the financial institution shall be materialized on by end of 2nd week of August 16 and shall start repaying your dues instantly. A....
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.... As to move further, now we are on the process of finalizing the builder to start construction activities and marketing. Apart from the above activity, we have been due on getting a overdraft facility to facilitate a online trading on Groceries and pulses. We have failed many times on keeping our commitments due to failure on expected inputs, and now we have been confident on overcoming all the hurdles, and as a good sign, ball started rolling forward. We hereby assure you that, we shall start paying your dues before 15th May 2016 gradually and shall settle all you dues within 4-5 months period. Our humble request to you, is to support us at this critical situation please. Thanks and regards, S.SOMASUNDARAM DIRECTOR GEETHA SAI ENERGY SOLUTIONS PVT LTD. On Tuesday 3 May 2016, KSPCL Power <[email protected]> wrote: Dear Sir, We refer to our earlier mail dated 24.03.2016 on the huge outstanding amount pending from your end. In respect to the same we are unable to reach you on phone and there is no communication from your end even on mails. On 18.04.201....
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....4-5 months period without further failings, and request you not to initiate any proceedings against us until then. We once again request you to kindly consider us and extend your support to grow further with your help. Thanks and regards, For GEETHA SAI ENERGY SOLUTIONS PVT LTD., (s/d) S.SOMASUNDARAM' 19. A perusal of aforesaid e-mail dated 03.05.2016 and letter dated 12.05.2016 which have been placed before me as plaint Document Nos.13 and 15, read in conjunction with the aforesaid legal notice and the reply notice, which have been placed before me as plaint Document Nos.16 and 17, bring to light that the defendant has admitted their liability in no uncertain terms. After accepting their liability in no uncertain terms, at least vide 3 plaint documents, which have been alluded to supra, the defendant after receiving summons in the summary suit on 01.03.2017 has not entered appearance within 10 days and taken recourse to sub-rule (5) of Rule 3 of Order XXXVII of C.P.C. Therefore, the plaintiff is certainly entitled to a judgment forthwith under Clause (a) of sub-Rule (6) of Rule 3 of Order XXXVIII of C.P.C. 20. This takes....