VIRGO POLYMERS (INDIA) LTD Vs. AMBADI ENTERPRISES LTD

JUDGEMENT

(1.) The plaintiff in O.S.No.7209 of 2005 on the file of the VII Additional Judge, City Civil Court, Chennai, who has lost the suit laid by it against the defendant for recovery of money, has come forward with the first appeal, impugning the judgment and decree of the Court below dated 17.12.2007.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

(3.) The plaintiff's case is that it is a Limited Liability Company incorporated under the Companies Act, 1956 and is a manufacturer of PP Bags for various uses and the defendant placed an order with the plaintiff vide purchase order dated 14.03.2003 for the supply of 1,50,000/- quantity of the new PP Bags and the plaintiff supplied the same to the defendant on various dates as detailed in the plaint for a total amount of Rs.19,96,766/- and towards the abvoesaid price, the defendant paid some amounts and some amounts were paid by Mr.G.Jayasimhan, Proprietor M/s.Universal Products and Allieds on behalf of the defendant, in all aggregating to Rs.14,96,766/- as detailed in the plaint and as on date, the defendant owes the plaintiff a sum of Rs.5,00,000/- towards principal and Rs.2,20,850/- towards interest at the rate of 18% per annum from the respective dates of supply till the date of the plaint and thus, the defendant owes the plaintiff a sum of Rs.7,20,850/- and the statement of account with regard to the same is filed and the defendant has failed and neglected to pay the said sum in spite of demands and the defendant had also assured the plaintiff to provide the Form-H certificate for Sales Tax Exemption but till date, it has not done so. The Sales Tax dues comes to Rs.79,871/- with surcharge of Rs.3,994/- totalling to Rs.83,865/- for the suit transaction and the Commercial Tax Officer, Porur, had issued the demand notice to the plaintiff to pay the abovesaid amount and also imposed 15% penalty i.e. Rs.1,25,798/- thereon and the plaintiff is liable to pay Rs.2,09,663/- to the Commercial Tax Department, Porur and the same has to be paid by the defendant with 18% interest to the plaintiff and hence, the suit.