9911796707
TMI Blog2019 (3) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... proprietor under the name of M/s. Shyam Enterprises having its office at No. 473, 8th Block, Near Devimaidan, K.B. Road, Yellapur - 581-359, Karnataka and also at No. 104, 1st Floor, Cross Road, Avenue Arlem Road, Fatroda, Margao - 400-602, Goa. The defendant is, interalia, engaged in the business of mining of Iron Ore. 2. It is alleged by the plaintiff that on 22nd October, 2010 the defendant approached the plaintiff Company and offered to supply iron ore fines. Pursuant to the negotiations held between the plaintiff company and the defendant it was decided that the plaintiff company will buy an aggregate supply of 92,000 Metric Tonnes (MT) of iron ore fines at rates varying between Rs. 1,575/- to Rs. 2,800/- Per Metric Tonnes (PMT) betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y issued a notice to the defendant under Section 138 of the Negotiable Instrument Act, 1881 through its advocate on 12th March, 2012 upon dishonour of the said cheque drawn in favour of the plaintiff company. 5. Thereafter, through an e-mail on 5th October, 2012 the defendant company extended its desire to pay the amount of Rs. 5,50,00,000/- after adjusting Rs. 1,00,00,000/- due to the plaintiff company. Hence, various opportunities were provided to the defendant by the plaintiff company to pay the outstanding amount due to the plaintiff company, failing which the plaintiff company has, thus, instituted this suit against the defendant praying for a decree of Rs. 12,00,06,400/-, which includes the principle outstanding amount due to the pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f examination of the witness the deponent states that the defendant through an e-mail sent to the plaintiff company on 13th November, 2011 informed that the defendant will pay a sum of Rs. 4,20,00,000/- by January, 2012. The said copy of e-mail is marked as Exhibit D. Thereafter, the deponent stated that the cheque dated 1st September, 2011 of Rs. 4,20,00,000 drawn in name of plaintiff company got dishonoured due to insufficient funds. The original cheque is marked as Exhibit E. The Bank memo evidencing dishonour of the cheque is marked as Exhibit F. 9. It has been established from the evidence on record that the defendant was to supply 92,000 Metric Tonnes (MT) of Iron Ore fines to the plaintiff company after the advance payment for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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