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TMI Blog2017 (11) TMI 1487X X X X Extracts X X X X X X X X Extracts X X X X ..... and payable to the plaintiff-company. Also, despite issuance of a legal notice dated 9th May, 2014 by the plaintiff calling upon the defendant to clear the outstanding dues, the defendant has neither replied to the same nor cleared the outstanding dues till date. As the averments in the plaint have not been rebutted by the defendant in spite of ample opportunities given by this Court, they are deemed to have been admitted. Consequently, the present suit is decreed for ₹ 1,11,04,928/- in favour of the plaintiff company and against the defendant along with pendent lite and future interest @ 8% per annum on the outstanding amount along with costs incurred by the plaintiff. - CS(COMM) 283/2016 - - - Dated:- 23-11-2017 - MR. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laintiff did not present the first two cheques due to which their validity of presentation expired. He further states that the third cheque for a sum of ₹ 50,00,000/- was presented for encashment by the plaintiff on 2nd May, 2013. However, the same was returned unpaid. 6. Mr. Tiwari, learned counsel for the plaintiff-company states that the defendant thereafter issued another cheque dated 1st February, 2014 towards part payment of the outstanding amount of ₹ 89,84,570/- . However, the same was returned unpaid vide return memo dated 26th April, 2014 with remarks Funds Insufficient . 7. He states that the plaintiff-company has already instituted a criminal complaint under Section 138 of the Negotiable Instruments Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . (vi) Ex. PW1/5 is a copy of the criminal complaint along with annexures and evidence filed by the plaintiff under Section 138 of the Negotiable Instruments Act. (vii) Mark B is a copy of the legal demand notice dated 9th May, 2014. 11. Having perused the paper book, this Court is of the opinion that the defendant placed several purchase orders upon the plaintiff pursuant to which tax invoices were issued by the plaintiff and corresponding entries to this effect were made in the ledger account maintained by the plaintiff. 12. This Court is of the view that the outstanding amount of ₹ 89,84,570/- payable by the defendant is clearly reflected in the ledger account maintained by the plaintiff. Further, the act o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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