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M/S Fedders Lloyd Corporation Ltd vs Kss Petron Pvt Ltd on 17 March, 2017

2. The plaintiff has instituted this suit pleading i) that the defendant
awarded purchase orders dated 17th January, 2011, 11th January, 2012, 16th
October, 2012, 21st February, 2013 and 20th June, 2013 to the plaintiff for
supply of fabricated structural steel as per specifications contained in the
purchase orders; ii) that as per the purchase orders, the supplies were for
different periods and were to commence and end on different dates, the latest
falling in 2013-14; iii) that the plaintiff made the supplies in accordance with
the purchase orders and the defendant acknowledged the same by way of
certificate dated 1st October, 2013; iv) that for the supplies made, the plaintiff
CS(COMM) No.1106/2016 Page 1 of 11
raised invoices totaling Rs.92,72,37,881/- and against which the defendant has
paid Rs.91,38,40,448/- leaving the balance amount of Rs.1,33,97,434/-; v) that
the last payment was made by the defendant to the plaintiff on 19 th July, 2013
being in the sum of Rs.10,36,544/-; vi) that the defendant also issued C Forms
for the supplies made; vii) that for the remaining amount totaling
Rs.1,33,97,434/-, the plaintiff on various occasions requested the defendant to
make the payments; however the requests fell on deaf ears as defendant failed
to pay the outstanding amount; viii) that the plaintiff got served a legal notice
dated 19th May, 2015 through its advocate calling upon the defendant to pay to
the plaintiff Rs.1,33,97,434/- with interest; ix) the said notice was served on the
defendant on 25th May, 2015 but the defendant neither gave any reply nor made
any payment; x) that the plaintiff is also entitled to interest at the rate of 12%
per annum with effect from 19th July, 2013 and a sum of Rs.48,23,077/- is due
from the defendant to the plaintiff towards interest till the date of institution of
the suit.

Source: Indian Kanoon


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