BHARAT HEAVY ELECTRICALS LTD Vs. DOWEL ERECTORS

JUDGEMENT

(1.) THE defendant in O. S. No. 2770 of 1984 on the file of the City Civil Court, Chennai, who suffered a decree for payment of money concurrently, is the appellant.

(2.) THE respondent in this L. P. A. as plaintiff had filed a suit for recovery of a sum of Rs. 1 lakh with interest thereon at 24% per annum from the date of the plaint, till the date of realisation, contending that as per the terms of the contract, the defendant/appellant has not repaid a sum of Rs. 51,750. 21, being the balance of 5% payment and also the security deposit of Rs. 49,161. 50, aggregating to a sum of Rs. 1,00,911. 71 and that despite the repeated demands and notice, the defendant failed to pay the same and therefore, restricting the claim to Rs. 1 lakh, they are entitled to the suit claim with interest thereon at 24% per annum.

(3.) THE appellant/defendant repudiated the claim of the plaintiff stating, that the plaintiff is not entitled to recover a sum of Rs. 51,750. 21 and Rs,49,161. 50 even as per the agreement, whereas the plaintiff alone is liable to pay the defendant the cost of 46 Air Tickets, which the defendant had incurred on behalf of the plaintiff viz. , Rs. 2,95,200/- that the interest claimed is also excessive, that after deducting or adjusting the suit claim, the plaintiff has to pay a sum of Rs. 1,95,000/- and that the claim in any event is barred by limitation.