INDUS SMELTERS LIMITED Vs. ALAPS TEXFEB PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 26-6- 2006 passed by 9th Additional District Judge, Bilaspur, in Civil Suit No. 1-B/2005 wherein the said court granted partial decree in favour of appellant/plaintiff and against the respondents/defendant to the tune of Rs.2094.00.

(2.) The appellant/company is the sole proprietor of Sarti Ispat Udyog which carries on the business of manufacturing and selling CTD Bars and other re-rolled products of Urla Industrial area, Raipur whereas the respondents/defendants are the tide customers of the appellant/plaintiff and used to purchase CTD Bars etc from the appellant/plaintiff on credit and between the period from June 1999 to December 1999 the defendants have purchased on credit CTD Bars for the purpose of construction of their factory building and shed at Raipur. The respondents/defendants were required to pay the bills of the credit purchases made within 15 days from the date of purchase of material and in case of default, the defendants have undertaken an obligation of payment of interest @ 24% per annum. Under the said account an amount of Rs.3,72,094.00 was due and payable by the respondents as on 13/12/1999 but they did not clear the amount even after notice, therefore, a suit for recovery was filed before the trial Court. It is pleaded on behalf of the respondents/defendants that Rs.3,70,000.00 was paid by them. After hearing both sides, the trial Court opined that Rs.3,70,000.00 was paid by the respondents and only Rs.2,094.00 is due against them and passed the decree accordingly.

(3.) Learned counsel for the appellant would submit as under: