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TMI Blog2012 (10) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... date of the suit till payment and/or realisation and costs of the suit. The writ of summons was served upon the Defendant on 4th July 2012 and the Vakalatnama of the Advocate appearing for the Defendant was filed on 11th July 2012. The Summons for Judgment was served on the Advocate for the Defendant on 29th August 2012. However, no affidavit in reply is filed by the Defendant till date. 2. Pursuant to the purchase orders dated 5th September 2011, 8th October 2011 and 19th December 2011 placed by the Defendant with the Plaintiff, the Plaintiff delivered /supplied Polyester Resin ISO and Polyester Resin Ortho ( the said products ) to the Defendant under 12 invoices aggregating to ₹ 1,95,79,951/- (Exhibits D-1 to D-12 to the P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o release some funds positively tomorrow. Your help at this stage will keep our doors open for continuous business association. 6. Despite the above request/ appeal to the Defendant, the Defendant did not clear the balance outstanding which compelled the Plaintiff to serve a notice dated 10th March 2012 to the Defendant setting out in detail the facts in the matter and calling upon the Plaintiff to pay an amount of ₹ 1,36,76,923/- together with interest at the rate of 21 per cent per annum thereon, amounting to ₹ 5,97,062/- aggregating to a sum of ₹ 1,42,73,985/- along with a sum of ₹ 2 crores as damages. The Defendant by its reply dated 19th March 2012 alleged that there is no understanding or acceptance as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , you should appreciate the fact that we have already made payment to you of ₹ 2.35 crores. We have never declined that we won't make payment of our outstanding amount of ₹ 1,36,76,923/-. We will surely make this payment but due to unavailability of funds there is a delay in payment. We are not holding your payment intentionally by any means. We also want to release you payment as early as possible. 7. From the above paragraphs it is clear that on 19th March 2012, the Defendant has accepted that an amount of ₹ 1,36,76,923/- was due and payable by the Defendant to the Plaintiff and that the said amount is not paid by the Defendant due to unavailability of funds, and the amount would be released as early as poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid debit notes and not accept the same. As stated earlier, the Defendant has not filed any affidavit in reply to the Summons for Judgment and has only submitted that they are not entitled to pay any interest to the Plaintiff, which contention as stated hereinabove is incorrect and dishonest. This Court enquired from the Advocate for the Defendant that despite the Defendant having admitted in its reply dated 19th March, 2012 that an amount of ₹ 1,36,76,923/- is due and payable by the Defendant to the Plaintiff, why no payments whatsoever have been made till date by the Defendant to the Plaintiff. To this, there was no convincing reply. Therefore, in order to test the bona fides of the Defendant, this Court enquired from the learned Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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