GOVT. OF U.P. THROUGH THE CHIEF SECRETARY ANNEXEE Vs. S.A. KHAN, SOLE PROPRIETOR OF NATIONAL ROAD CONSTRUCTIONS

JUDGEMENT

(1.) BY this appeal filed under Section 96 of the Code of Civil Procedure, 1908, the appellant seeks to set aside the judgment and decree dated 23.08.2005 passed by the court of Additional District Judge, Delhi whereby the suit for recovery has been decreed in favour of the respondent and against the appellant.

(2.) BRIEF facts relevant for deciding the present appeal are as that the respondent is engaged in the business of giving on hire road rollers and that he gave a quotation for giving on hire the road roller to the appellant which was accepted vide order No. 121/Camp/50 dated 9.6.1999. That the payment towards hire charges was not made by the appellants and on serving a legal notice dated 18.4.2001, a sum of Rs. 52, 000/ - was paid to the respondent vide cheque dated 7.9.2001 but a balance amount of Rs. 3,94,375/ - was still pending. Thereafter, the respondent filed a suit for recovery of the balance amount and the same vide judgment dated 23.8.2005 has been decreed in favour of the respondent and against the appellant. Feeling aggrieved with the same, the appellants have preferred the present appeal.

(3.) REFUTING the said submissions of the counsel for the appellant, Mr. Lalit Gupta, counsel for the respondent, supports the impugned judgment passed by the Ld. Trial Court. Counsel submits that the respondent has proved on record the quotations and orders placed by the appellant towards the hire charges of the road rollers. Counsel further submits that the part payment of Rs. 52,000/ - was made by the appellant but the remaining amount of Rs. 3,94,375/ - was not paid by the appellant.