SIEMENS LTD Vs. NOVA IRON & STEEL LTD

JUDGEMENT

(1.) THE subject suit was filed by the plaintiff- M/s. Siemens Ltd for recovery of Rs. 56,44,842.05/-. THE suit is filed for recovery of amount alongwith interest with respect to various machinery and equipments supplied and details of which are given in para 6 of the plaint. As per para 6 of the plaint, the total amount of machinery and equipments supplied by the plaintiff to the defendant comes to approximately Rs. 1.37 crores. In para 10 of the plaint, the amount which is claimed to be balance due to the plaintiff is only Rs. 24,35,837.10/-.

(2.) DEFENDANT filed the written statement and denied its liability on the ground that machinery and equipments supplied by the plaintiff were defective.

(3.) IN spite of repeated opportunities, plaintiff failed to lead evidence. The evidence of the plaintiff was closed vide order dated 27.4.2010. This order has become final as this order has not been challenged thereafter. As the plaintiff did not lead evidence, the counsel for the defendant also on the same date i.e. 27.4.2010 made a statement that defendant also does not want to lead evidence. No doubt, as per the issues framed, onus of issue Nos.2 to 4 is on the defendant, however, onus of issue Nos.5 and 6 is on the plaintiff. The onus of these issues was on the plaintiff inasmuch as it is clear from paras 6 and 10 of the plaint, the plaintiff claims not the total amount of machinery and equipments supplied but only an amount of Rs. 24, 35,837.10/-. Therefore, it is clear that as per the plaint various amounts were paid to the plaintiff and plaintiff has only claimed the balance due of Rs. 24,35,837.10/- out of amount of approximately Rs. 1.37 crores. The plaintiff therefore had to lead evidence to show how the amount as claimed in para 10 of the plaint was due to the plaintiff and which is the subject matter of issue No.5.