High Court of Madras Adjudicates Commercial Suit for Recovery of Outstanding Dues from Pharmaceutical Company. Suit Filed Under Order VII Rule 1 of O.S. Rules 1956 read with Order VII Rule 1 & 2 of the Code of Civil Procedure, 1908 and the Commercial Courts Act, 2015, Seeking Payment of Rs.1,43,09,216 Based on Alleged Supply of Raw Materials and Confirmation Statements.

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The plaintiff, a sole proprietor supplying chemicals, filed a commercial suit for recovery of Rs.1,43,09,216 against the defendant company and its managing director. According to the plaint, the second defendant had approached the plaintiff for supply of raw materials for the pharmaceutical unit, and goods were supplied. The last supply was made on 21.01.2017. After crediting a payment of Rs.2,50,000 on 02.08.2017, the total outstanding sum was Rs.80,05,166. The defendants had signed confirmation statements on 22.03.2018 and 31.03.2018 acknowledging the debt. The suit was filed under Order VII Rule 1 of Original Side Rules, 1956 read with Order VII Rule 1 & 2 of the Code of Civil Procedure, 1908 and the Commercial Courts Act, 2015. The plaintiff sought payment of the claimed amount with future interest at 18% per annum from the date of suit till realization, and costs. The case came up for hearing before the High Court of Madras on 17.02.2025, but the judgment text provided is incomplete, containing only the prayer and a portion of the pleadings.

Issue of Consideration

C.S.(Comm.Div.) No.110 of 2022

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Case Details

2025 LawText (MAD) (02) 18

C.S.(Comm.Div.) No.110 of 2022

2025-02-17

Senthilkumar Ramamoorthy

2025:MHC:433

Mr.N.Balaji for Plaintiff, Mr.E.Senthilkumar for Defendants

Jigar Mahendra Sheth

Sucram Pharmaceuticals Pvt. Ltd. and Mr. Thangavel Pravinkumar

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Nature of Litigation

Recovery of outstanding dues for goods supplied.

Remedy Sought

Plaintiff sought recovery of Rs.1,43,09,216 with future interest at 18% per annum on principal of Rs.80,05,166 and costs.

Filing Reason

Defendants failed to pay for raw materials supplied for their pharmaceutical unit despite confirmation statements acknowledging debt.

Judgment Excerpts

The plaintiff states that the last supply was made on 21.01.2017. confirmation statements were signed by the defendants on 22.03.2018, 31.03.2018

Procedural History

The suit was filed under C.S.(Comm.Div.) No.110 of 2022; an amendment to the power of attorney was allowed on 15.11.2022 in Appln No.5074/2022; final judgment was pronounced on 17.02.2025.

Acts & Sections

  • Code of Civil Procedure, 1908: Order VII Rule 1, Order VII Rule 2
  • Commercial Courts Act, 2015:
  • Original Side Rules, 1956: Order VII Rule 1
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