Document Fragment View
Fragment Information
Showing contexts for: zoom developers in Cs. No. 523/10 M/S Chemical And ... vs . M/S Zoom Developers Pvt. Ltd. on 15 May, 2012Matching Fragments
2of7 CS. No. 523/10 M/S Chemical And Metallurgical Design Company Ltd. Vs. M/S Zoom Developers Pvt. Ltd.
8,85,297/ due from the defendant to the plaintiff. It is also stated that as on 07.11.08, there was a liability of TDS certificates amounting to Rs. 3,94,300/ which was the amount deducted by the defendant towards tax liability. outstanding amount of Rs. 8,85,297/ was also subject to TDS. Certain payments were also received from the defendant on 14.01.09. Through email dated 12.02.09, defendant admitted the total outstanding of Rs. 6,50,000/ and sum of Rs. 5,62,435/ being the amount deducted as TDS. Rs. 2,35,515/ has been claimed as interest @ 2 % per month up to the date of filing of the suit.
3of7 CS. No. 523/10 M/S Chemical And Metallurgical Design Company Ltd. Vs. M/S Zoom Developers Pvt. Ltd.
5. Arguments were heard on behalf of the plaintiff company. Written submissions were also placed on record on behalf of the plaintiff. I hold as under :
6. The plaintiff has relied upon the admissions made on the part of the defendant regarding its liability through email dated 12.02.09, which has been proved by PW1 as Ex. PW1/7. Ex. PW 1/7 states that correct outstanding till 07.11.08 was Rs. 8,66,573/ and liability towards TDS was Rs. 1,67,750/ and net amount due to the plaintiff was Rs. 6,98,823/. These were the details of adjustment in Paharpur Business Centre. Defendant has also given the details of adjustment in Chemical and Metallurgical Company Ltd., the plaintiff company where outstanding till 07.11.01 was admitted to be Rs. 18,724/. Rs. 385/ was the liability on account of TDS and net amount due was Rs. 18,339/. Defendant deducted the security deposit of Rs. 6,50,000/ in adjustment in the account of Paharpur Business Centre, and stated that net amount due was Rs. 48,823/.
7. As per Ex. PW1/7, payment of Rs. 48,823/ in favour of Paharpur Business Centre was made by the defendant vide cheque no. 392103 dated 12.01.09 drawn on Corporation Bank and amount of Rs. 18,349/ was paid vide cheque dated 12.01.09, in favour of Chemical and Metallurgical Company Ltd. which the defendant claimed to be in full and final settlement of the payments of the plaintiff company after adjustment of the security deposit of Rs. 6,50,000/, whatever the acknowledgment, vide Ex. PW1/7, made on behalf of the defendant 4of7 CS. No. 523/10 M/S Chemical And Metallurgical Design Company Ltd. Vs. M/S Zoom Developers Pvt. Ltd.
9. After the termination of the agreement between the parties, it was unreasonable on the part of the plaintiff company to insist on the payment of charges and the dues of the plaintiff company first by the defendant and then to refund the security deposit after 60 days, not agreeing to the deduction of the security deposit while making out full and final settlement of the dues between the parties. As per Ex. PW1/7, 5of7 CS. No. 523/10 M/S Chemical And Metallurgical Design Company Ltd. Vs. M/S Zoom Developers Pvt. Ltd.