ROHINI TRADERS Vs. J.K. LAKSHMI CEMENT LTD.

JUDGEMENT

(1.) These appeals have been filed against the orders dated 07.11.2008 and 16.12.2008 passed by the High Court of Delhi at New Delhi in RFA No. 406 of 2007 and R.P. No. 415 of 2008 respectively. Vide order dated 07.11.2008, the High Court allowed the appeal filed by M/s. J.K. Lakshmi Cement Ltd. - Respondent herein and set aside the judgment and decree dated 14.03.2007, passed by the Additional District Judge, Delhi in Suit No. 125 of 2004, while restoring the suit filed by M/s. Rohini Traders - Appellant herein for trial afresh as per the observations made in the judgment.

(2.) (a) The Appellant claims itself to be a sole proprietorship concern working as third party commission agent of the Respondent-Company. The Appellant claimed a sum of Rs. 12,05,231/- as dues to be payable by the Respondent-Company as on 31.03.2004. Several requests were made to the Respondent-Company to pay the amount due but to no effect. Even after serving a legal notice dated 09.04.2004 to the Respondent-Company, it remained un-complied with. The Appellant filed a suit praying for decree of Rs. 14,21,250/- including the principal amount as also interest at the rate of 18 per cent per annum. The suit was contested by the Respondent-Company on the ground that it was barred by limitation as also on merits. The claim of the Appellant was denied and it was stated that as per the record of the Respondent-Company, a sum of Rs. 4,62,000/- is liable to be paid by the Appellant to the Respondent-Company. Other claims made by the Appellant were also denied.

(3.) Heard Shri Sunil Kumar, learned senior Counsel for the Appellant and Shri M.L. Lahoty, learned Counsel for the Respondent-Company.