Our Client Kilitch Drugs (India) Ltd., a leading pharmaceutical company had filed a Suit against the Taj Pharmaceuticals Ltd. before the Hon’ble Bombay City Civil Court. Taj pharma had placed an order of injections with our client which was worth approximately Rs.8,71,767/- .
Our client had filed the said Suit to recover an outstanding amount of Rs.3,23,127/- from Taj Pharma with interest at the rate of 12% p.a. from the date of filing the said Suit till payment and/or realization and for costs.
The Taj Pharma was relying upon a judgement passed by the Ld. Metropolitan Magistrate. However, the Hon’ble Court held that the findings recorded by the Criminal Courts are not relevant for deciding the said Suit claim. Taj Pharma further failed to provide any evidence and discharge its onus of proof. Whereas the evidence provided by our client was sufficient to establish its claim against Taj Pharma.
Conclusion
Hence, the Hon’ble Court passed a decree of Rs.3,23,127/- along with interest @ 12% p.a. from 22.05.2009 till the realization of the entire amount, in favour of our client.