The A.P. Power Generation Corporation … vs Lohman Castings Private Limited on 7 April, 2026

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    ADVERTISEMENT

    Telangana High Court

    The A.P. Power Generation Corporation … vs Lohman Castings Private Limited on 7 April, 2026

    Author: K. Lakshman

    Bench: K. Lakshman

                HON'BLE SRI JUSTICE K. LAKSHMAN
                                    AND
     HON'BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY
    
    CITY CIVIL COURT APPEAL Nos.160 OF 2006 & 131 OF 2009
    
                             DATE: 07-04-2026
    
    Between in CCC No.160 of 2006:
    The A.P. Power Generation Corporation Limited
    & 2 Others                                               .. Appellants -
                                                               Defendants
                                     Vs.
    
    Lohman Castings Private Limited                        .. Respondent -
                                                              Plaintiff
          This Court made the following:
    
    COMMON JUDGMENT:

    (Per Hon’ble Sri Justice K. Lakshman)

    Heard Mr. V. Hari Haran, learned Senior Counsel for the

    SPONSORED

    appellant in CCCA No.131 of 2009 & respondent in CCCA No.160 of

    2006 and Mr. Mohd. Adnan, learned counsel for the respondents in

    CCCA No.131 of 2009 & appellants in CCCA No.160 of 2006.

    2. CCCA No.160 of 2006 is filed by the defendants in O.S.

    No.362 of 2002, challenging the judgment and decree dated

    27.01.2006 passed by learned XI Additional Chief Judge (fast Track

    Court), City Civil Court, Hyderabad, whereas CCCA No.131 of 2009

    is filed by the plaintiff challenging the very same judgment and decree
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    CCCA No.160 of 2006 & 131 of 2009

    to the extent of awarding interest @ 6% per annum only on the

    principal sum.

    3. The plaintiff in O.S. No.362 of 2002 is M/s. Lohman

    Castings Private Limited, Visakhapatnam, while the defendants are

    the Andhra Pradesh Power Generation Corporation Limited, its Chief

    Engineer (Generation), Hyderabad and the Chief Engineer,

    Kothagudem Thermal Power Station, Palwancha, Khammam District.

    4. For the sake of convenience, the parties are hereinafter

    referred to as they were arrayed in O.S. No.362 of 2002.

    5. The plaintiff filed the aforesaid suit (O.S. No.362 of 2002)

    for recovery of total sum of Rs.68,23,298/- (i.e.,Rs.15,20,905/-

    towards principal & Rs.53,02,393/- towards interest) with costs and

    interest at the applicable rates as per the Provisions of the Interest on

    Delayed Payments to Small and Ancillary Industrial Undertakings

    Act, 1993, against the defendants contending as under:

    i) The plaintiff is a registered Small Scale Industrial

    Undertaking. It carries on business of manufacturing of

    various types of castings required for Thermal Power

    Stations.

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    CCCA No.160 of 2006 & 131 of 2009

    ii) Defendant No.1 was in need of the said products and

    accordingly used to place orders from 1983 onwards and

    the plaintiff used to supply the same.

    iii) In the said process, the defendants placed purchase orders

    vide Exs.A1 to A13, which are dated 15.04.1993,

    05.08.1993, 21.04.1993, 04.01.1994, 19.02.1994,

    10.08.1992, 27.11.1993, 27.11.1993, 11.08.1994,

    04.10.1993, 28.05.1994,31.10.1991, 06.06.1994,

    07.09.1993 and 01.08.1994 and the plaintiff supplied all

    the material except the material covered by Ex.A10 and

    purchase order No.CKK/P2/DMA/DN/20/94.

    iv) Even then, the defendants did not pay the entire value and

    they are due and liable to pay an amount of

    Rs.15,20,905/- along with interest of Rs.53,02,393/-

    thereon, which is claimed under Interest on Delayed

    Payments to Small Scale and Ancillary Industrial

    Undertakings Act, 1993.

    v) One of the Directors of the plaintiff, Mr. Gutta Kattaiah

    Chowdary was found to have embezzled the money

    worth Rs.45.00 lakhs belonging to the defendants in
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    CCCA No.160 of 2006 & 131 of 2009

    collusion with their officials by producing fake letter of

    authorization, for which the defendants instituted

    criminal proceedings against the said Director and other

    Officials. On the said pretext, the defendants are not

    paying the aforesaid amount.

    vi) After exchange of legal notice and reply between the

    plaintiff and the defendants, the plaintiff filed the

    aforesaid suit seeking the aforesaid amount against the

    defendants.

    6. Defendant No.2 filed a detailed written statement denying

    the claim of the plaintiff contending as under:

    i) The plaintiff quoted discrepant purchase orders, which would

    bring out that the plaintiff itself is not certain about the supplies

    made and the amounts due.

    ii) The plaintiff was never regular and prompts in supplying the

    material.

    iii) All the purchase orders are subject to terms and conditions

    peculiar to each of them and, therefore, the plaintiff could not

    have combined all the claims and filed a single suit. Thus, the
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    CCCA No.160 of 2006 & 131 of 2009

    suit is bad for mis-joinder of proper parties and lack of cause of

    action.

    iv) The defendants denied the supply of material against the

    purchase orders except two.

    v) They are not liable to pay an amount of Rs.15,20,905/- and so

    also the interest as claimed by the plaintiff.

    vi) The suit is barred by limitation.

    vii) There is no cause of action.

    vii) Trial Court has no territorial jurisdiction to entertain the suit.

    7. Basing on the aforesaid pleadings, learned trial Court framed

    the following issues:

    1. Whether the plaintiff supplied materials to the
    defendants under (15) purchase orders placed by the
    defendants (under document No.3 to 17 of the plaint)?

    2. Whether the defendants accepted such supplies valued
    at Rs.15,20,905/- except the two under purchase order
    Nos.CKK/P2/DMA/DN20/94 and CK/P23/DMA/130/
    93-94, dt.4-10-1994?

    3. Whether it were the terms of the supply orders that
    90% of the value of the goods supplied by the plaintiff
    would be paid within 30 days of receipt of such goods
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    and bill, in duplicate and balance 10% would be paid
    after expiry of guarantee period of (18) months?

    4. Whether the defendants unreasonably withheld such
    payments on the ground that Mr. Gutta Kattaiah
    Chowdary who was also Director of other companies
    such as M/s. Ramakrishna Engineering Company,
    Pattancheruvu, M/s. Bright Engineering Company and
    M/s. Vishwashanti Engineering Company, had
    fraudulently withdrawn money from the defendants
    and cheated them?

    5. Whether the plaintiff is a Small Scale Industry entitled
    to charge the recoverable amounts with interest as
    contemplated under the partition “interest on delayed
    payment to Small Scale and Ancillary Industrial
    Undertakings Act 1993”?

    6. Whether the plaintiff is entitled to recover the suit
    amount with costs and interests as prayed for?

    7. Whether the suit is barred by time?

    8. Whether the suit is bad for misjoinder of cause of
    action?

    9. Whether there is cause of action?

    10. To what relief?

    8. During trial, plaintiff examined its Managing Director as

    PW.1 and exhibited Exs.A1 to A65. On behalf of the defendants, their
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    CCCA No.160 of 2006 & 131 of 2009

    Divisional Engineer was examined as DW.1. During cross-

    examination of PW.1, Exs.B1 and B2 were marked.

    9. On consideration of the entire evidence, both oral and

    documentary and upon hearing both sides, vide judgment and decree

    dated 27.01.20006, learned trial Court decreed the suit with costs for

    Rs.15,20,905/- towards principal and Rs.53,02,393/- towards interest,

    making a total of Rs.68,22,298/- with interest @ 6% per annum on the

    principal amount from the date of suit till realization.

    10. Challenging the aforesaid judgment and decree, the

    defendants filed CCCA No.160 of 2006, on the following grounds:

    i) Trial Court erred in decreeing the suit without any proof of

    supply of material to the defendants as there is a specific

    pleading in the written statement that the plaintiff has not

    supplied the entire material covered by all the purchase orders

    except two.

    ii) The trial Court also erred in observing that the burden lies on

    the defendants that Mr. Gutta Kattaiah Chowdary withdrew

    their amounts in excess of supplies as Director of Plaintiff

    Company.

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    CCCA No.160 of 2006 & 131 of 2009

    iii) Interest on Delayed Payments to Small Scale and Ancillary

    Industries Undertakings Act, 1993, has no application to the

    case of the plaintiff.

    iv) The plaintiff has not produced any documentary proof with

    regard to rate of interest i.e., Prime Lending rates by the State

    Bank of India from time to time.

    v) The interest of Rs.53,02,393/- granted by trial Court is without

    any basis.

    vi) The suit is hopelessly barred by limitation, for the reason that

    the purchase orders are between 15.04.1993 and 01.08.1994,

    whereas the suit was filed on 24.09.2002. Thus, Section – 14 of

    Limitation Act, 1963, has no application to the case on hand.

    vii) Therefore, the trial Court erred in decreeing the suit, as such,

    the same is liable to be set aside.

    11. The plaintiff also filed an appeal vide CCCA No.131 of

    2009, challenging the impugned judgment and decree to the extent of

    awarding interest @ 6% per annum on the principal amount of

    Rs.15,20,905/- from the date of suit till realization instead of awarding

    interest as per the provisions of the Interest on Delayed Payments to
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    CCCA No.160 of 2006 & 131 of 2009

    Small and Ancillary Industrial Undertakings Act, 1993, on the

    following grounds:

    i) The transaction between the plaintiff and the defendants is a

    commercial transaction regulated by the Statute, namely the

    Interest on Delayed Payments to Small and Ancillary Industrial

    Undertakings Act, 1993 (for short ‘Act, 1993’), as amended by

    Act No.23 of 1998, as such, the plaintiff is entitled to the

    interest at the rate prescribed under the said Act, 1993 till the

    date of realization, but not @ 6% per annum.

    ii) The said Act, 1993 is specifically enacted for the protection of

    Small Scale and Ancillary Industries. The plaintiff is a Small

    Scale Industry. The Micro, Small and Medium Enterprises

    Development Act, 2007, Act No.27 of 2006 was replaced with

    the said Act, 1993. Therefore, it is entitled for the said interest

    at 1½ time of prime lending rate charged by the State Bank of

    India.

    12. In view of the aforesaid rival submissions, the following

    points arise for consideration by this Court:
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    CCCA No.160 of 2006 & 131 of 2009

    i) Whether the plaintiff supplied the material to the defendants,
    and the defendants received the same?

    ii) Whether the plaintiff is entitled for the suit claim?

    iii) Whether the plaintiff is a Small Scale Industry, and if so, it is
    entitled for the said interest at 1½ time of prime lending rate
    charged by the State Bank of India?

    iv) Whether the suit is barred by limitation

    v) Whether the trial Court was right in decreeing the suit?

    Point Nos.(i) & (ii):

    13. As discussed supra, the main contention of the plaintiff is

    that it is a Private Limited Company registered in the year 1982. It

    deals with supply of various items of spare materials required for

    Thermal Power Stations. Since the date of its inception, it had been

    submitting tenders for supply of aforesaid material to the defendants at

    Kothagudem and Ramagundam, and accordingly supplying the same

    under various purchase orders issued by the defendants from time to

    time satisfactorily. Defendant No.1 issued fifteen (15) purchase

    orders during the period between 1991 and 1994 and the material

    covered by the said purchase orders were supplied by the plaintiff.

    The said purchase orders were marked as Exs.A1 to A14 except two

    purchase orders dated 07.09.1993 and 01.08.1994. Despite receipt of
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    CCCA No.160 of 2006 & 131 of 2009

    the said material covered by the aforesaid 15 purchase orders, the

    defendants failed to pay the amount. Therefore, the plaintiff filed the

    aforesaid suit. Though learned trial Court decreed the suit, awarded

    less interest @ 6% per annum from the date of suit till the date of

    realization, which is contrary to the provisions of the Act, 1993,

    learned trial Court failed to consider that the plaintiff company is a

    Small Scale Industrial Unit registered with the Department of

    Industries vide registration No.01/20/03164, dated 13.01.1984, i.e.,

    prior to the supply of the said material.

    i) Whereas, it is contended by the defendants that the alleged

    purchase orders relate to the period between 19.08.1992 and

    11.08.1994, whereas the suit was filed on 24.09.2002. Therefore, the

    suit is hopelessly barred by limitation. It is also contended by the

    defendants that Mr. Gutta Kattayya Chowdary, Executive Director of

    the plaintiff company, in collusion with others, played fraud on the

    defendants and drawn the amounts without supplying material.

    Therefore, the defendants decided not to entertain any

    purchase/contracts from the plaintiff till the outcome of the criminal

    case. Therefore, the defendants are not liable to pay any amount,
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    CCCA No.160 of 2006 & 131 of 2009

    much less the suit amount. Without considering the same, learned

    trial Court decreed the suit and, therefore, the same has to be set aside.

    ii) As far as the plaintiff’s entitlement in respect of decretal

    amount is concerned, perusal of record would reveal the defendants

    placed fifteen (15) purchase orders as mentioned in paragraph No.2 of

    the judgment of which serial Nos.1 to 3 and 5 to 14 were marked as

    Exs.A1 to A14. The purchase orders mentioned at serial Nos.4 and 15

    were not marked. All the said purchase orders relate to the period

    between 31.10.1991 (Ex.A12) and 11.08.1994 (Ex.A9), whereas in

    paragraph No.3 of the plaint, it is mentioned that the said fifteen

    purchase orders relating to the period between 19.08.1992 and

    11.08.1994. According to the plaintiff, as per terms of purchase order,

    the defendants have to pay 90% of the amount due under each bill

    within thirty (30) days after receipt of goods, and balance 10% after

    expiry of guaranteed period of eighteen (18) months. The total value

    of the material supplied under the aforesaid 15 purchase orders is

    Rs.15,20,905/-, and the defendants are due and liable to pay the said

    amount. But, the defendants withheld the said amount on the ground

    that the said Gutta Kattaiah Chowdary, one of the Directors of the
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    CCCA No.160 of 2006 & 131 of 2009

    plaintiff company withdrew monies from defendant No.1 in collusion

    with its employees and five others by using fake letters of authority

    (LOA) in the name of three fictitious companies i.e., (i) M/s.

    Ramakrishna Engineering Company; (ii) M/s. Bright Engineering

    Company; and (iii) M/s. Vishwashanti Engineering Company, without

    supplying material and thereby cheated the defendants.

    iii) Whereas, it is the case of the defendants that though they

    are due and liable to pay the amount to the plaintiff, on account of

    withdrawal of amount by the aforesaid Director in collusion with its

    employees and five others by using fake AOA and with regard to the

    same, there are criminal proceedings are pending and unless and until

    the same are concluded, they cannot pay the amount.

    iv) In this regard, it is apt to note that the plaintiff company got

    issued a notice dated 26.08.1996 vide Ex.A14 to the defendants,

    enclosing statement of account showing the amount due against each

    bill. Pursuant thereof, reply was sent by defendant No.2 vide Ex.A15

    letter No.CGG/311/F.L.C./571/96, dated 05.11.1996, which makes

    significant and is extracted as under:

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    CCCA No.160 of 2006 & 131 of 2009

    “With reference to your letter dt.26.8.96, this is to inform
    that release of any payments can’t be considered at this
    stage, since legal proceedings instituted against this firm
    are pending in the court of law….”

    v) Ex.A52, letter addressed by the office of defendant Nos.1

    and 2, dated 03.08.1996 to the plaintiff company also plays a vital role

    to support the contention of the plaintiff. Therefore, the same is

    relevant and extracted as follows:

    “The LOA No.52/94-95 of the Superintending Engineer,
    Ramagundam Thermal Power Station for Rs.3,28,110-30
    pending in this office will be released soon on finalisation
    of K.T.P.S. Fake LOAs case by C.B.C.I.D, Andhra
    Pradesh, Hyderabad.”

    In view of the aforesaid letters, it is clear that the defendants did not

    deny the due amount by them to the plaintiff, and what all they stated

    is with regard to the pendency of criminal proceedings against the

    aforesaid Director of plaintiff’s company, they cannot consider at that

    stage. But, strangely, ignoring the aforesaid letters, in the written

    statement filed by the defendants in the suit, took a contradictory

    statement by denying their liability. Thus, the defendants cannot be
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    CCCA No.160 of 2006 & 131 of 2009

    permitted to both approbate and reprobate as held by the Hon’ble

    Supreme Court in R.N. Gosain v. Yashpal Dhir1.

    vi) As already stated above, as per the plaint, the decretal

    amount pertains to the period from 19.08.1992 and 11.08.1994 arising

    out of said 15 purchase orders. The defendants examined DW.1 on

    their behalf before the trial Court. During cross-examination, he

    categorically admitted that the suit claim pertains to 15 purchase

    orders placed by them with the plaintiff company. Ex.A37, letter

    No.CKK/P23/B.M:A/ D.No. 1372/94, dated 05.11.1994 addressed by

    defendant No.2 to the plaintiff company reveals with regard to Ex.A10

    – purchase order dated 04.10.1993. In the said letter, defendant No.3

    did not express anything negatively and on the other hand he

    mentioned that the purchase order (Ex.A10) was found to be generally

    in order and was approved. It is apt to note that this letter is dated

    05.11.1994, whereas as per Ex.A64-charge sheet, the alleged

    embezzlement of amount by one of the Directors of the plaintiff

    company pertains to the period from 21.06.1994 to 22.09.1994. That

    is to say, by the date of the said letter of defendant No.3, dated

    05.11.1994, the defendants must have known about such
    1
    . (1992) 4 SCC 683
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    embezzlement of amount. In such circumstances, defendant No.3 did

    not mention anything in his letter dated 05.11.1994 and on the other

    hand approved the material supplied vide Ex.P10 – purchase order.

    vii) Even otherwise, as per Ex.A54 letter dated 18.01.1995

    addressed by defendant No.3 to the plaintiff, its Engineers inspected

    the Cage bar and found suitable for their works and accordingly

    requested the plaintiff to despatch the material. As per charge sheet

    (Ex.A64), the crime was registered on 13.11.1994 by Punjagutta

    Police Station against the aforesaid Director of the plaintiff company.

    Thus, as on the date of Ex.A54 letter, the aforesaid crime had already

    been registered by the police upon receipt of report given by the

    defendants. Having knowledge about such alleged embezzlement of

    amount, the defendants still continued the transactions with the

    plaintiff company. But when comes to the payment of due amount,

    the defendants take the shelter of embezzlement of amount by the

    aforesaid Director of the plaintiff company and withheld the said

    amount.

    viii) Ex.A18, legal notice dated 10.06.2002 got issued by the

    plaintiff company to the defendants requiring them to pay the
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    aforesaid due amount shown in the statement enclosed thereto. The

    defendants also gave reply to the said notice vide Ex.A24, dated

    01.07.2002. In the said reply, it has been categorically admitted about

    the supply of material by the plaintiff to them. However, they stated

    that the Directors of the plaintiff company drawn an amount of

    Rs.45.00 lakhs in excess of the material supplied under different

    names and, therefore, they are not liable to pay any amount to the

    plaintiff. They further stated that the claim was barred by limitation

    and that the plaintiff is not entitled any interest under the Act, 1993.

    Perusal of Ex.A24 reply does not disclose about the embezzlement of

    amount by the aforesaid Director of the plaintiff company.

    ix) With regard to the contention of defendants that they are not

    liable to pay the amount on account of embezzlement of amount by

    one of the Directors of the plaintiff company, namely Mr. Gatta

    Kattaiah Chowdary in collusion with its employees and five others by

    submitting fake and forged LOAs (Bills) purported to have been

    prepared and sent from KTPS, Paloncha in defendant Nos.1 and 2

    office, for the purpose of wrongful gain, perusal of record would

    reveal that Ex.A64-charge sheet discloses that Mr. Gatta Kattaiah
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    CCCA No.160 of 2006 & 131 of 2009

    Chowdary, one of the Directors of the plaintiff company, is shown as

    accused No.2. In the array of accused, the Investigating Officer did

    not show him as the Director of M/s. Lohman Castings Private

    Limited, Anakapalli and only shown him as “Gutta Kattaiah

    Chowdary S/o Jaganmohan Rao, aged 35 yrs, Occ: Business, R/o

    MIG-76, Autonagar, Visakhapatnam’. However in an un-numbered

    paragraph No.3 of page No.2 of the charge sheet, he is described as

    the Director of the plaintiff company. The allegation levelled against

    him is that he along with other accused conspired together in Srilatha

    Lodge at Paloncha and decided to defraud huge amounts from APSE

    Board by submitting fake bills (LOAs) at Vidyut Soudha, Hyderabad.

    In pursuance of their conspiracy, they floated fictitious firms, M/s.

    Ramakrishna Engineering Co., IDA, Jeedimetla, Hyderabad, showing

    S.M. Reddy, a fake name of accused No.3 therein as the proprietor of

    the said firm. Subsequently, accused Nos.1 to 3 prepared and got

    prepared fake bills (LOAs) No.79, 84 and 254 purported to have been

    prepared and sent by KTPS, Paloncha in favour of M/s. Ramakrishna

    Engineering Co., and submitted at Vidyut Soudha on 21.06.1994,

    21.06.1994 and 30.08.1994, respectively stating that the said firm

    (Company) had supplied certain materials Aluminium Bronz Wheels
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    against LOA Nos.79 and 84 and Main Shafts against LOA No.254 to

    KTPS, Paloncha, though actually had not supplied anything by the

    said firm and defrauded an amount of Rs.28,62,793.80ps.

    x) Perusal of the entire charge sheet would disclose that the

    Investigating Officer did not examine either the other Directors of the

    plaintiff company or its employees as to whether the fraud played by

    accused No.2 – Gatta Kattaiah Chowdary, one of the Directors of the

    plaintiff company, representing the plaintiff company or in his

    individual capacity, and not even cited them as witnesses. Thus, it is

    clear that the said Gatta Kattaiah Chowdary committed the offences

    punishable under Sections – 468, 471 and 420 read with 120-B of IPC

    in his individual capacity and not on behalf of the plaintiff company.

    Had the said Director been committed the aforesaid offences

    representing the plaintiff company, the Investigating Officer certainly

    would have made the plaintiff company also as an accused in the said

    crime. In fact, after coming to know about the fraud played by Mr. G.

    Kattayya Chowdary, the plaintiff company removed him from the post

    of Executive Director and Director of its Company in the

    Extraordinary General Body Meeting held on 30.11.1994 and the
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    same was intimated to the defendants vide Ex.A31 letter dated

    01.12.1994. The fraud was allegedly committed by the Director of the

    plaintiff company not on its behalf and on behalf of another company.

    The plaintiff company itself did not commit the fraud. The Director

    was removed from the Directorship and share holder of plaintiff

    Company after coming to know such fraud. This Court set aside the

    circular blacklisting the plaintiff company, implying that the

    defendants’ action against the company was unjustified. Therefore, the

    defendants’ refusal to pay was unlawful, and the plaintiff company

    was justified in pursuing legal remedies before filing the civil suit.

    Thus, the defendants cannot evade the payment under the aforesaid 15

    purchase orders by taking shelter of embezzlement of amount by the

    aforesaid Director of the plaintiff company. Point Nos.(i) & (ii) are

    answered accordingly.

    Point No.(iv):

    14. With regard to the contention of the defendants that the suit

    claim is barred by limitation, they placed reliance on the decision in

    Consolidated Engineering Enterprises v. Principal Secretary,
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    Irrigation Department 2. Whereas, it is case of the plaintiff that

    when the defendants issued a Circular vide Ex.B1 dated 17.05.1995

    not to entertain any purchases/contracts from the plaintiff company till

    the outstanding of case lodged by them with police with regard to

    embezzlement of funds is settled and finalized, they have filed writ

    petition vide Ex.A59, W.P. No.16000 of 1998 before this Court

    challenging the said Circular. The said writ petition was dismissed

    vide 15.06.1998. Challenging the said order, the plaintiff filed W.A.

    No.1063 of 1998 and the same was allowed 25.01.2002. Therefore, in

    a good faith the plaintiff initiated all the aforesaid proceedings and as

    such, limitation must be excluded for the said period. The said

    principle was laid down by the Apex Court in Union of India v. West

    Coast Paper Mills Ltd. 3.

    i) Perusal of record would reveal that in the said writ appeal,

    the defendants filed counter (Ex.A60), wherein paragraph No.3, the

    defendants specifically mentioned as under:

    2

    . (2008) 7 SCC 169
    3
    . AIR 2004 SC 3070
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    CCCA No.160 of 2006 & 131 of 2009

    “….Since legal proceedings instituted against the firms are
    pending in the court of Law, the release of any payments
    cannot be considered at this stage.”

    ii) The aforesaid counter was filed on 24.07.1998. A Division

    Bench of this Court, vide order dated 25.01.2002 allowed the said writ

    appeal quashing the said circular dated 17.05.1995. In the said order,

    there is no observation with regard to exemption of limitation.

    However, the Division Bench observed as under:

    “All other contentions raised by the parties are left open to
    be agitated at an appropriate stage.”

    iii) In the writ petition as well as writ appeal, one of the

    contentions of the plaintiff is that the defendants are due and liable to

    pay the suit amount under the aforesaid 15 purchase orders, moreover,

    the relief sought in the writ petition is not only challenging the said

    Circular dated 17.05.1995, but also a direction for payment of

    Rs.15,20,905/- with interest @ 24% per annum after declaring the said

    circular as illegal. Though the defendants denied the same in their

    counter filed in the writ appeal on 24.07.1998, however, admitted that

    the same cannot be considered at that stage as extracted above. After
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    allowing the writ appeal on 25.01.2002, the plaintiff filed the suit on

    24.09.2002.

    iv) In view of the aforesaid discussion, it is clear that the

    plaintiff company supplied goods between 19.08.1992 and 11.08.1994

    and payment became due thereafter. However, the defendants did not

    deny the supply of goods, but withheld payment because of the

    alleged fraud committed by the aforesaid Director of the plaintiff

    company representing another floated company. The cause of action

    continued until the legality of the defendants’ circular was decided in

    the writ proceedings. Therefore, limitation cannot be computed

    merely from 1994. Time spent in writ and writ appeal proceedings

    must be excluded. The plaintiff company filed the writ petition in

    1998 challenging the defendants Circular dated 17.05.1995 that

    blacklisted the plaintiff company and withheld payment. Under

    Section – 14 of the Limitation Act, 1963, the time spent prosecuting

    another civil proceeding in good faith and with due diligence in a

    Court lacking jurisdiction or incapable of granting the relief must be

    excluded when calculating limitation. The plaintiff company with a

    bona fide belief approached this Court seeking relief of withholding
    24
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    payment due to blacklisting. The matter continued until the writ

    appeal allowed setting aside the said Circular. Therefore, the entire

    period from filing the writ petition in 1998 until disposal of the writ

    appeal must be excluded. Since the suit was filed on 24-07-2002, it

    falls within three years from the date when the writ appeal was

    allowed on 25.01.2002. In view of the same, the suit is not barred by

    limitation as contended by the defendants. Point No.(iv) is answered

    accordingly.

    v) In Consolidated Engineering Enterprises1 relied upon by

    the defendants, the case pertains to the Arbitration and Conciliation

    Act, 1996. In the said case, whether the provision of Section 14 of the

    Limitation Act would be applicable to an application submitted under

    Section – 34 of the Arbitration and Conciliation Act, 1996 for setting

    aside the Award passed by the Arbitrator. As per Section 34 (3) read

    with the proviso makes it abundantly clear that the application for

    setting aside the award on the grounds mentioned in sub-section (2)

    will have to be made within three months. The period can further be

    extended, on sufficient cause being shown, by another period of 30

    days but not thereafter. Thus, as far as application, for setting aside
    25
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    the award is concerned, the period of limitation prescribed is three

    months which can be extended by another period of 30 days, on

    sufficient cause being shown to the satisfaction of the Court. Section –

    29 (2) of the Limitation Act inter alia provides that where any special

    or local law prescribes for any suit, appeal or application, a period of

    limitation is different from the period of limitation prescribed by the

    Schedule. The Arbitration and Conciliation Act, 1996 is a specific

    legislation excludes applicability of general provisions. In the present

    case, the suit was filed under the provisions of CPC. Therefore,

    Limitation Act, 1963 applies. Thus, the said decision is inapplicable

    to the facts of the present case.

    vi) In State of Uttar Pradesh v. Nawab Hussain4 relied upon

    by the defendants, the suit hit was dismissed on the ground that it was

    hit by res judicata. In the case on hand, though the plaintiff sought

    two reliefs in the writ petition with regard to quashing of the Circular

    dated 17.05.1995 and consequential direction for payment of the

    aforesaid amount, the said writ petition was dismissed. In the appeal

    filed by the plaintiff, though the said circular was quashed, suit claim

    was not granted. However, it was observed that all other contentions
    4
    . (1977) SCC 2 806
    26
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    raised by the parties are left open to be agitated at an appropriate

    stage. Thus, suit claim was not granted and there was no observation

    or finality with regard to the amount due and the suit was filed for the

    said amount, the same would not hit by res judicata. Thus, this

    decision is also not applicable to the facts of the present case.

    Point Nos.(iii) & (v):

    15. Learned trial Court having considered the entire evidence,

    both oral and documentary, decreed the suit and there is no error in it.

    However, learned trial Court granted future rate of interest @ 6% per

    annum on the principal amount from the date of suit till realisation.

    Challenging the said rate of interest, the plaintiff filed CCCA No.131

    of 2009.

    i) It is the specific contention of the plaintiff that the

    transaction between the plaintiff and the defendants is a commercial

    transaction regulated by the Statute, namely the Interest on Delayed

    Payments to Small and Ancillary Industrial Undertakings Act, 1993 as

    amended by Act No.23 of 1998, as such, it is entitled to the interest at

    the rate of 1½ time of prime lending rate charged by the State Bank of
    27
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    India for the reason that the plaintiff is a Small Scale Industry. To

    show that the plaintiff is a Small Scale Industry, it has filed Ex.A25,

    certificate of registration as a Small Scale Industrial Unit in the year

    1984. The defendants did not adduce any rebuttal evidence on the

    said aspect. Therefore, it can be said that the plaintiff is a Small Scale

    Industrial Unit.

    ii) Now, coming to the rate of interest to which the plaintiff is

    entitled to. The plaintiff filed statement dated 22.06.2007 issued by

    the State Bank of India, Anakapalle Branch, wherein the Bank

    furnished the SBI Prime Lending Rates (SBAR) for the period from

    01.04.2002 till 22.06.2007. The same is relevant and extracted as

    under:

                       S.No.        Date w.e.f.    Rate of interest
                       01.     01/04/2002          11.50
                       02.     01/11/2002          11.25
                       03.     05/05/2003          11.50
                       04.     01/01/2004          10.25
                       05.     01/05/2006          10.75
                       06.     02/08/2006          11.00
                       07.     27/12/2006          11.50
                       08.     20/02/2007          12.25
                       09.     09/04/2007          12.75
    
    
    

    iii) Section – 3 deals with ‘liability of buyer to make payment’.

    The same is relevant and is extracted as under:
    28

    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    “3. Liability of buyer to make payment.-Where any supplier
    supplies any goods or renders any services to any buyer, the
    buyer shall make payment therefor on or before the date agreed
    upon between him and the supplier in writing or, where there is
    no agreement in this behalf, before the appointed day:

    Provided that in no case the period agreed upon between
    the supplier and the buyer in writing shall exceed one hundred
    and twenty days from the day of acceptance or the day of
    deemed acceptance.”

    iv) Section – 4 of the Act, 1993 deals with ‘date from which

    and rate at which interest is payable’ and the same is relevant and is

    extracted as under:

    “4. Date from which and rate at which interest is payable.-
    Where any buyer fails to make payment of the amount to the
    supplier, as required under section 3, the buyer shall,
    notwithstanding anything contained in any agreement between
    the buyer and the supplier or in any law for the time being in
    force, be liable to pay interest to the supplier on that amount
    from the appointed day or, as the case may be, from the date
    immediately following the date agreed upon, at one and a half
    time of Prime Lending Rate charged by the State Bank of India.

    Explanation .-For the purposes of this section, “Prime
    Lending Rate” means the Prime Lending Rate of the State Bank
    of India which is available to the best borrowers of the bank.”
    29

    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    v) Section – 5 deals with ‘liability of buyer to pay compound

    interest’. The same is relevant and extracted as under:

    “5. Liability of buyer to pay compound interest.-
    Notwithstanding anything contained in any agreement between a
    supplier and a buyer or in any law for the time being in force,
    the buyer shall be liable to pay compound interest (with monthly
    interests) at the rate mentioned in section 4 on the amount due to
    the supplier.”

    vi) Section – 6 deals with ‘recovery of amount due’. The same

    is relevant and extracted as under:

    “6. Recovery of amount due.- (1) The amount due from a
    buyer, together with the amount of interest calculated in
    accordance with the provisions of sections 4 and 5, shall be
    recoverable by the supplier from the buyer by way of a suit or
    other proceeding under any law for the time being in force.

    (2) Notwithstanding anything contained in sub-section (1),
    any party to a dispute may make a reference to the Industry
    Facilitation Council for acting as an arbitrator or conciliator in
    respect of the matters referred to in that sub-section and the
    provisions of the Arbitration and Conciliation Act, 1996 (26 of
    1996 shall apply to such dispute as if the arbitration or
    conciliation were pursuant to an arbitration agreement referred
    to in sub-section (1) of section 7 of that Act.”
    30

    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    vii) In view of the above, Section – 4 of the Act, 1993 provides

    that where a buyer fails to make payment to a supplier (a small-scale

    industrial undertaking) within the prescribed period, the buyer is liable

    to pay interest on the delayed amount. The rate of interest is

    specifically fixed as 1½ times of the Prime Lending Rate (PLR)

    charged by the State Bank of India. If the buyer fails to make

    payment within this period, the buyer becomes statutorily liable to pay

    interest on the delayed amount. The interest is not discretionary but

    mandatory. Normally, under Section – 34 of the Civil Procedure

    Code, Courts may grant reasonable interest (often around 6%) after

    the filing of the suit. However, the Act, 1993 is a Special Statute. It

    overrides general provisions relating to interest.

    viii) Where a special Law prescribes a specific rate, the Court

    must follow that statutory mandate instead of applying the general

    discretion under CPC. The Legislative objective behind the Act, 1993

    is to protect Small Scale Industrial Units from financial hardship, to

    ensure timely payments and to penalize buyers, who make delay

    payment. Granting only 6% interest defeats this purpose. In the
    31
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    present case, the transaction is governed by the Interest on Delayed

    Payments to Small and Ancillary Industrial Undertakings Act, 1993.

    ix) As per the Interest on Delayed Payments to Small Scale and

    Ancillary Industrial Undertakings Act, 1993, as amended by Act

    No.23 of 1998, the defendants being the buyers must pay the price

    within the prescribed period. If payment is delayed, statutory interest

    accrues automatically. The liability is continuing in nature. Thus, the

    plaintiff, being a Small Scale Industrial Unit, is entitled to interest at

    1½ times the Prime Lending Rate of the State Bank of India with

    monthly rests. The trial Court erred in granting only 6% interest,

    which is contrary to the statutory mandate. Hence, the decree should

    be modified to award interest in accordance with the provisions of the

    Act, 1993 until realization of the amount.

    x) In Shanti Conductors Private Limited v. Assam State

    Electricity Board5, the facts of the case are that on 31.3.1992, the

    Electricity Board placed an order for supply of material for Rs.1.22

    Cores. The supplies were to be made between June and December,

    1992. On 13.5.1992, another order was placed by the said Board for a

    5
    . (2019) 19 SCC 529
    32
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    total of Rs.32.49 lakhs and goods were to be made between January

    and February, 1993. On 23.09.1992, the President of India

    promulgated an Ordinance i.e., the Interest on Delayed Payments to

    Small Scale Ancillary Industrial Undertakings Ordinance, 1992.

    Subsequently, on 02.04.1993, the interest on the said Act, 1993 was

    enacted and it was deemed to have come into force w.e.f. 23.09.1992.

    Meanwhile, the said Company supplied the material on 04.10.1993.

    On 05.03.1994, the entire payment of Rs.2.15 Crores was received by

    the said Company. On 10.01.1997, the said Shanti Conductors filed a

    suit for recovery of Rs.53.68 lakhs claiming interest on delayed

    payments. The said suit was decreed. The Board filed appeal before

    the High Court of Gauhati. The Division Bench referred the matter to

    full Bench. The Full Bench after framing certain questions answered

    the reference holding that a suit for interest could be filed. Act, 1993

    is also applicable to contracts entered into prior to 23.09.1992. Interest

    would be calculated from 23.09.1992 till the payment is made to the

    supplier. Then, the Board filed an appeal before the Hon’ble Supreme

    Court, wherein the Apex Court held that Act, 1993 has no

    retrospective application and that supplier has an accrued right to

    claim a higher rate of interest in terms of Act only with regard to sale
    33
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    agreements entered after the date of commencement of Act i.e.,

    23.09.1992. Whereas, in the present case, the transactions covered by

    15 purchase orders were between 19.08.1992 and 11.08.1994 and the

    supplies must have made even after 19.08.1992 only. That is to say,

    by the date of supplies made by the plaintiff, the Act, 1993 came to

    force. Further, in the present case, the plaintiffs claimed not only the

    principal amount, but also interest. In the aforesaid decision, the suit

    was filed exclusively for the interest accrued on delayed payments.

    Therefore, this decision would not render any assistance to the

    defendants.

    16. For the foregoing discussion, this Court is of the considered

    view that the defendants failed to make out any case to set aside the

    impugned judgment and decree, and on the other hand, the plaintiff

    has established its case for entitlement of interest as prayed by them.

    Point Nos.(iii) & (v) are answered accordingly.

    17. The appeal filed by the defendants in C.C.C.A. No.160 of

    2006 is dismissed, confirming the judgment and decree dated

    27.01.2006 passed by learned XI Additional Chief Judge (fast Track

    Court), City Civil Court, Hyderabad, in O.S. No.362 of 2002, to the
    34
    KL,J & VRKR,J
    CCCA No.160 of 2006 & 131 of 2009

    extent of suit claim of Rs.68,22,298/- and the costs thereon, whereas

    the appeal filed by the plaintiff in C.C.C.A. No.131 of 2009 is allowed

    setting aside the judgment and decree dated 27.01.2006 to the extent

    of awarding rate of interest @ 6% per annum on the principal amount

    of Rs.15,20,905/-. However, this Court grants the interest at the rate

    of one and half times the Prime Lending Rate charged by the State

    Bank of India from the date of suit till realization on the principal

    amount of Rs.15,20,905/-. In the circumstances of the case, there

    shall be no order as to costs.

    As a sequel thereto, miscellaneous applications, if any, pending

    in the appeals shall stand closed.

    _________________________________
    K. LAKSHMAN, J

    _________________________________
    VAKITI RAMAKRISHNA REDDY, J

    7th April, 2026
    Mgr



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