SHRIRAM STEELS RAIPUR Vs. VANDANA TRAILERS SAKTI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 17-3-2006 passed by the Additional District Judge, sakti in Civil Suit No. 7-B/2003, where by the suit for recovery of Rs. 1,49,598. 31 was decreed in favour of the respondent/plaintiff, the appellant/defendant has preferred this appeal.

(2.) IN this appeal, it is not in dispute that the respondent/plaintiff, a woman entrepreneur, has business of steel at Sakti in the name of M/s. Vandana Trailers, Sakti. The appellant/defendant also deals in supply of steel and has his business in the name of m/s. Shriram Steels at Raipur. He also undertakes supply of steel as per orders placed. M/s. Ankur Steel Agency is also situated at raipur. It is also not in dispute that the appellant/defendant had received two demands drafts of Rs. l,00,000/- each at raipur on 11-2-2002 and 21-2-2002.

(3.) THE respondent/plaintiff pleaded that outside traders after orally entering into a contract at Sakti used to supply raw material at Sakti for meeting requirements of her business for which payment was made through Bank drafts. The appellant/defendant used to supply raw material i. e. steel either itself or through its agents who would visit Sakti, enter into an oral agreement and in pursuance thereto supply material at sakti. Prior to the year 2001, the appellant-defendant used to supply raw material, i. e. , steel mostly on the basis of requirements communicated through telephone calls.