Bombay High Court
Neotiss Ltd (Formerly Known As Cst ... vs Tema India Ltd on 10 April, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
1/4 40.COMS1125.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL SUIT NO.1125 OF 2018
Neotiss Ltd. (formerly known as CST Valinox )
Ltd. & thereafter Vallouree Heat )....Plaintiff
V/s.
Tema India Ltd. )....Defendant
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Ms.Ankita Agrawal I/by DSK Legal for plaintiff. Mr.Karl Shroff a/w Mr.Yazdi P.Jijina I/by Mulla & Mulla and Craigie blunt and Caroe for defendant.
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CORAM : K.R.SHRIRAM,J DATE : 10.4.2019 P.C.:-
1. Heard the counsel. The following issues arise in the suit.
ISSUES (1) Whether plaintiff proves that present suit is within limitation ?
(2) Whether Defendant proves that the purchase order dated November 22, 2010 contains a valid arbitration agreement between the parties ?
(3) Whether the Defendant proves that the purchase order dated November 22, 2010 or minutes of meetings dated June 7, 2016 and June 17, 2016 are required to be stamped under the provisions of Maharashtra Stamp Act, 1958 and if yes, what are the consequences ?
(4) Whether Defendant proves that the plaint suffers KJ ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:40:32 ::: 2/4 40.COMS1125.18.doc from misjoinder of causes of action ?
(5) Whether the Defendant proves that the minutes of meetings dated June 7, 2016 and/ or June 17, 2016 do not give rise to valid or binding or cast any obligations on Defendant ?
(6) Whether Defendant proves that at the meeting held between the parties on 31st January, 2015 and subsequent thereto, the parties proceeded on the basis that the original Purchase Order stood extinguished ?
(7) Whether Defendant proves that the terms of the original contract between the parties as contained in the Purchase Order dated 22nd November, 2010, particularly with regard to delivery and payment timelines came to be abandoned by the parties ?
(8) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.78,73,973/- (Rupees Seventy Eight Lakhs Seventy Three Thousand Nine Hundred and Seventy Three only) being interest at the rate of 18% p.a. on the unpaid advance amount of Rs.57,50,000/- from December 8, 2011 till June 30, 2018 along with further interest at the rate of 18% p.a. on 57,50,000/- from July 1, 2018 till date of payment and/ or realization thereof ?
(9) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.8,44,101/- (Rupees Eight Lakhs Forty Four Thousand One Hundred and One only) in relation to usance interest at the rate of KJ ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:40:32 ::: 3/4 40.COMS1125.18.doc 12% p.a. on goods/ materials towards Vidarbha Project Unit 1 (Lot 2) till 90 days from January 31, 2012 along with further interest at the rate of 12% p.a. on Rs.8,44,101/- from July 1, 2018 till date of payment and/ or realization thereof as set out in paragraph 17 of the Plaint and Exhibit Y?
(10) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.45,00,000/- (Rupees Forty Five Lakhs only) in relation to storage of raw materials procured/ goods produced by the Plaintiff at the warehouse from January 31, 2012 to December, 2017 along with further interest at the rate of 18% p.a. on Rs.45,00,000/- from July 1, 2018 till date of payment and/ or realization thereof as set out in paragraph 24 of the Plaint and Exhibit Y?
(11) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.2,01,22,570/- (Rupees Two Crores One Lakh Twenty Two Thousand Five Hundred and Seventy only) towards loss/ damages suffered by the Plaintiff on account of scrap of stock along with further interest at the rate of 18% p.a. on Rs.2,01,22,570/- from July 1, 2018 till date of payment and/ or realization thereof ?
(12) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.3,04,15,756/- (Rupees Three Crores Four Lakhs Fifteen Thousand Seven Hundred and Fifty Six only) being interest on the finished goods at the rate of 18% p.a. from July 29, KJ ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:40:32 ::: 4/4 40.COMS1125.18.doc 2012 to June 30, 2018 along with further interest at the rate of 18% p.a. on Rs.2,85,27,472/- from July 1, 2018 till date of payment and/ or realization thereof ?
(13) Whether Plaintiff proves that Defendant is bound and liable to pay an amount of Rs.8,19,368/- (Rupees Eight Lakhs Nineteen Thousand Three Hundred and Sixty Eight only) being interest on raw materials amounting to Rs.15,37,000/- stored by the Plaintiff in relation to Unit 1 (Lot 2) at 9% p.a. from July 29, 2012 to June 30, 2018 along with further interest at the rate of 9% p.a. on Rs.15,37,000/- from July 1, 2018 till date of payment and/ or realization thereof ?
(14) What decree ? What order ?
2. Counsel state that they have complied with the directions given in paragraph-5 of the order dated 7.3.2019.
3. Plaintiff to file its list of witnesses, affidavit in lieu of examination-in-chief together with compilation of documents and serve a copy thereof upon defendant by 24.5.2019.
4. Stand over to 19.6.2019 for marking of documents/recording of evidence at which date, plaintiffs' 1 st witness shall remain present in Court.
(K.R.SHRIRAM,J) KJ ::: Uploaded on - 12/04/2019 ::: Downloaded on - 12/04/2019 22:40:32 :::