VIVEK INDUSTRIES 18/11, ASHWATHKATTE MAIN ROAD KASTURIBANAGAR, MYSORE ROAD BANGALORE-26, REP. BY PROPRIETOR SHANTHAKUMAR Vs. M/S YASH FURNITURES NO. 18, ANDREE ROAD SHANTHINAGAR, BLORE-27 REP. BY PROPRIETOR SARIKA BHANDARI

JUDGEMENT

(1.) REVISION under Section 18 of the Small Causes Courts Act is directed against the judgment in S.C.528/09 dated 2.3.2010 on the file of Judge, Small Causes Court, Bangalore. Heard.

(2.) FROM what is urged by both sides, it is seen petitioner filed a suit against the respondent for recovery of Rs. 51,750/ - with interest thereon at 18% p.a. from the date of suit till realisation on the basis that there were business transactions between it and the respondent for supply of furniture. Respondent -defendant had placed an order for supply of 14 small tables and 7 big tables and accordingly plaintiff manufactured and supplied it under invoice No. 31 dated 16.12.2008, valuing it at Rs. 51,750/ - on credit. Defendant was obliged to pay the amount in two weeks. Defendant did not comply with the demand and postponed payment on one pretext or the other. It necessitated issuance of notice to make good the amount which was duly served. Defendant sent a reply on 7.2.2009 which was untenable. Thus, he filed the suit.

(3.) POINTING out to the value of invoice nos.31 and 32 as Rs. 1,08,100, defendant has clearly mentioned that after giving deduction to Rs. 84,000/ -, the value of the goods taken back by the plaintiff, still it (plaintiff) is liable to pay Rs. 25,000/ -.