JAIN HOUSING Vs. RISHAB CONTROLS

JUDGEMENT

(1.) The present appeal is filed by the defendant in the Court of the XIX Additional City Civil & Sessions Judge, Bengaluru City in O.S.No.5985/2008 filed by the present respondent for recovery of a sum of Rs.1,24,191.00 with interest there upon. The said suit came to be decreed by the trial Court by its impugned judgment dated 17.07.2010, against which, the defendant has preferred this appeal.

(2.) The summary of the case of the plaintiff in the trial Court is that the plaintiff was the manufacturers and suppliers of power gears and switchgears and panel boards. In response to the order placed by the defendant for supply of switch gears and panel boards from time to time, the plaintiff has supplied the material as and when the order placed as per the invoices. Thus, the total transaction between the parties was for a sum of Rs.23,77,056.50 paise, out of which, the plaintiff received only a sum of Rs.22,52,864.50 paise. Thus, balance of Rs.1,24,191.00 is due to the plaintiff by the defendant. Since the defendant failed to pay the said due amount, the plaintiff has instituted a suit for recovery of the said sum along with interest at the rate of 21% per annum.

(3.) In response to the summons, the defendant appeared and filed his written statement. The defendant did not deny the supply of goods to him by the plaintiff as and when the orders placed by him. However, it was the contention of the defendant that it was cleared all the bills raised by the plaintiff against the supply of goods which was made by cash, as such, there was no due as on the date of the suit. Based on the pleadings of the parties, the trial Court framed the following issues.