2013 (4) TMI 280 - HC - Companies Law

Defendants did not refund the excess amount to the plaintiff despite repeated requests - Recovery along with interest @18% per annum - Held that - Having heard the learned counsel for plaintiff and having perused the ex parte evidence as well as the documents placed on record, this Court is of the opinion that plaintiff has proved the facts stated in the plaint and also exhibited the relevant documents in support of its case. Since the plaintiff s evidence has gone unrebutted, said evidence is accepted as true and correct. Consequently, present suit is decreed for a sum of Rs.36,13,913.50/- in favour of the plaintiff company and jointly and severally against the defendants along with interest @18% per annum from the date of filing of suit till its realization and costs - Registry is directed to prepare decree sheet accordingly.

Summary

Issues:
Recovery of outstanding amount along with interest and costs in a commercial dispute.

Analysis:
The plaintiff, a company acting as a Group Selling Agent (GSA) for International Airlines and organizing tours for foreign tourists, filed a suit against the defendants, a resort owned by a company, for recovery of outstanding amounts. The plaintiff claimed that for tourist seasons 2005-2006 and 2006-2007, they had entered into contracts with the defendants, advancing significant sums of money. Despite acknowledgments of outstanding credits in the plaintiff's favor in the defendants' books, the defendants failed to refund the excess amount to the plaintiff. The plaintiff sought a decree of Rs.36,13,913.50 along with interest at 18% per annum and costs.

The defendants were proceeded ex parte on 10th August 2010. After considering the evidence and documents presented by the plaintiff, the court found that the plaintiff had successfully proved the facts stated in the plaint. As the defendants did not rebut the evidence, the court accepted the plaintiff's evidence as true and correct. Consequently, the court decreed the suit in favor of the plaintiff company for the claimed amount of Rs.36,13,913.50 along with interest at 18% per annum from the date of filing the suit till its realization, and costs. The registry was directed to prepare the decree sheet accordingly.

In conclusion, the court granted the plaintiff's claim for recovery of outstanding amounts, interest, and costs in a commercial dispute against the defendants. The judgment highlighted the importance of providing sufficient evidence to support claims in court proceedings and the consequences of failing to contest the allegations made by the opposing party.