MEC TUBES PRIVATE LIMITED Vs. INDO ENGINEERING WORKS

JUDGEMENT

(1.) Mec Tubes Pvt. Ltd., hereinafter described as the plaintiff has preferred the present suit against the defendants for recover/ of Rs.11,73,370.00 besides interest.

(2.) The relevant facts ,are that the plaintiff is a dealer of MS Blocks/GI pipes. Defendant, no.2 is the sole proprietor of defendant no.1. He has been dealing with the plaintiff since 1993. Orders were being placed from time to time with the plaintiff for supply of material. The plaintiff supplied the goods as per orders placed by the defendants from Calcutta, Ghaziabad and Delhi. As per convenience supplies were made by the plaintiff. The plaintiff opened a running and current account In the name of defendant no .1 in its account books maintained in the usual course of business. Whatever goods were supplied to the defendants the price was debited in the account of defendant no.1 and similarly whenever payments were received from Defendant's from time to lime towards price of the goods the same were credited in the said account. The defendants were registered with the Central Sales Tax and supplied Form C towards the supply of the goods and as such acknowledge the supply of the goods.

(3.) To discharge their liability of making the payment of the supply of the goods, the defendants issued four cheques mentioned below:- a) Cheque No. 731697 dt 15/3/1995 for Rs.2,27,802.13 b) Cheque No.731700 dt. 31/3/95 for Rs.1,00,000.00 c) Cheque No. 504351 dt 31/3/95 for Rs.1,00,000.00 d) Cheque No. 504352 dt. 31/3/95 for Rs.1,00,000.00