Authority: High Court of Judicature at Madras

Order Date: 28 September 2026

Case Overview

  • Parties: Applicant – M/s Coramandel Engineering Company Limited (manufacturing and supplying ready‑mix concrete, aggregate cement and allied materials). Respondent – M/s RDC Concrete (India) Pvt Ltd (construction and property development). Counsel for applicant – Ms. Revathi Manivannan; counsel for respondent – Mr. C.S. Guruprasad.
  • Background: In 2023 the respondent placed purchase orders for ready‑mix concrete on 23‑09‑2023, 17‑10‑2023 and 06‑11‑2023. The applicant supplied the goods, raised invoices, and the respondent signed the invoices acknowledging receipt.
  • Outstanding Dues: By 31‑08‑2024 the applicant’s running account showed outstanding dues of Rs 76,68,828.50. The applicant’s letter dated 19‑09‑2024 sought confirmation; the respondent acknowledged the same amount on 29‑11‑2024 and promised immediate payment but paid only Rs 2,00,564 on 30‑12‑2024.
  • Legal Notice & Suit: Applicant issued a legal notice on 11‑03‑2025 demanding payment within 15 days. Respondent replied evasively on 12‑05‑2025, admitting liability but not complying. Applicant instituted suit C.S.(Comm.Div) No. 141 of 2025 seeking Rs 74,68,265 principal plus Rs 26,91,222 interest at 24% p.a., total Rs 1,01,59,487.
  • Garnishee Deposit: The court, in an earlier order dated 05‑11‑2025, directed the respondent’s garnishee to deposit Rs 83,01,293 to the suit’s credit by 03‑12‑2025. The garnishee complied, and the amount was kept in an interest‑bearing fixed deposit.
  • Procedural Defaults: Respondent did not file an affidavit as required, nor a written statement despite being served on 12‑06‑2025. Registry endorsement on 04‑11‑2025 indicated forfeiture of the right to file a written statement.
  • Defendant’s Undertaking: Defendant expressed willingness to pay Rs 30,00,000 immediately and the balance in instalments, but no affidavit was filed.

Final Outcome

  • The Court, after considering the submissions and the fact that the garnishee deposit of Rs 83,01,293 exceeds the principal claim of Rs 74,68,265, exercised its power under Order XIIIA of the CPC (as amended by the Commercial Courts Act, 2015) and ordered the application for summary judgment as prayed for.
  • No order as to costs was made.

Topics: Summary Judgment, Civil Suit