MADRAS HARDTOOLS PRIVATE LIMITED BY ITS EXECUTIVE OFFICER Vs. ESSAR OFFSHORE SUBSEA LIMITED BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) This Civil Suit is filed to pass a Judgement and Decree, against the Defendant (i) directing the Defendant to pay the Plaintiff a sum of Rs.28,26,380.26p (Rupees twenty eight lakhs twenty six thousand three hundred and eighty and twenty six paise only) along with interest at 25% p.a. and penal interest at 2% per month on the sum of Rs.13,49,559/- from the date of filing of the plaint till the date of payment and (ii) for costs of the suit.

(2.) The case of the Plaintiff is as follows:-

(3.) Though the Defendant was served as early as on 14.2.2017, no written statement has been filed by the Defendant and hence, the matter was ordered to be listed under the caption of "Undefended Board". For non filing of the Written Statement, the Defendant was set exparte and exparte evidence was ordered to be recorded, by the order of this court dated 6.7.2017. One Pravasha Pati, General Manager of the Plaintiff Company, has filed the proof affidavit for his chief examination and receipt of seven documents as documentary evidence to prove the suit claim. In the Evidence, the said General Manager examined himself as PW.1 and marked Exs.P1 to P7 as documentary evidence in order to prove the suit claim.