ANIL BEARINGS Vs. STATE MOTORS

JUDGEMENT

(1.) Admit. [2] SINCE a very short point is involved, with the consent of the parties the appeal is taken up for final hearing.

(2.) The appellant in his suit claimed recovery of Rs. 4,52,364/- (Rupees Four Lakhs Fifty Two Thousand Three Hundred and Sixty Four only), which included Rs. 3,82,402/- towards the principal and Rs. 69,962/- towards the interest. THE plaint was signed and verified by Shri Anil Thapar. Apart from signing and verifying the plaint, Shri Anil Thapar also furnished his affidavit in support of the plaint in the capacity of proprietor of M/s. Anil Bearings. He also executed and signed vakalatnama in favour of the counsel for the plaintiff.

(3.) It may be pertinently mentioned at this juncture that the suit for recovery of the aforesaid amount was filed on the basis of goods supplied by the plaintiff to the defendant against different invoices, as set out in paragraph 7 of the plaint. Pertinently also, in the written statement filed by him, the defendant admitted all the invoices as mentioned in paragraph 7 of the plaint against which goods were supplied to it. Not only this, the defendant also admitted the 'C Forms, which it had issued to the plaintiff against the aforesaid goods supplied to it.