P P KHURANA Vs. J K SYNTHETICS

JUDGEMENT

(1.) This is a suit for recovery of Rs. 11,54,768.75 filed under the provision of Order 37 Civil Procedure Code.

(2.) The plaintiff is running a business of manufacturing of electrical wires and cables in the name and style of M/s Prakash Electrical Works. The defendant is also a limited company having its office in New Delhi and Raj'asthan, The defendant through its New Delhi office approached the plaintiff and placed order for supply of copper and aluminium cables vide purchase order dated 7/3/96. Pursuant to this the plaintiff booked the goods for "Self to be delivered to defendant No. 2 through Vishal Goods Carriers from Delhi who supplied the goods to the defendant No. 2 at Jhalawar, Rajasthan address, against Bill Nos 138, 139,140,141,143,145 and 149 and the same were delivered without G.R. by M/s Vishal Goods Carriers.

(3.) In terms of the Hundies provided, that the bill amount was to be paid within 45 days failing which the defendant was liable to pay interest @ 24 per cent per annum in terms of the supplies made by the plaintiff. However, the plaintiff received the payment in respect of only three bills bearing Nos. 138,139 and 140. The details of bills of which the goods were delivered to the defendants are given in para 5 of the plaint.