G.P.S. SARANA Vs. BAGRI ENTERPRISES

JUDGEMENT

(1.) By this instant appeal, appellant/defendant has challenged the legality, validity and propriety of the judgment and decree dated 01/01/2004 passed by 3rd Additional District Judge, Raipur (C.G.) in Civil Suit No.3-B/2003 whereby the learned trial Court decreed the suit filed by respondent/plaintiff for recovery of an amount of Rs.44,200/-.

(2.) Brief facts for disposal of this appeal, are that, the respondent/plaintiff is a partnership firm and engaged in sale and supply of the instruments and machines. On 19/01/2002, the appellant/defendant had purchased one "M3928A Agilent A3 Bedside Monitor" (hereinafter called as 'the machine') having value of Rs.1,80,000/-. The said machine was installed by respondent/plaintiff on 19/01/2002 in presence of the appellant/defendant, which was also acknowledged by the defendant.

(3.) As per the understanding, cost of the machine i.e. Rs. 1,80,000/- is to be paid within a period of 30 days, failure of which, lead to interest @ 21% as per the conditions of sale. The cost of the machine was not paid as per the terms of the sale within a period of 30 days. On repeated demand made by respondent/plaintiff, appellant/defendant had issued a cheque of Rs.1,00,800/- on 05/03/2002 and assured him to pay the balance amount. On 23/03/2002, an amount of Rs.18,000/- and on 25/03/2002, an amount of Rs.17,000/- were paid in cash, and thereby the total amount of Rs.1,35,800/- was paid out of Rs.1,80,000/- i.e. cost of machine. The remaining balance amount of Rs.44,200/- was not paid.