PRADEEP KHANNA Vs. ASHOK ELECTRIC COMPANY AND ORS

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 13.07.2007 which had reversed the finding of the trial judge dated 19.04.2005 whereby the suit filed by the Plaintiff M/s Thermoking seeking recovery of Rs. 2,43,103.00/- had been decreed along with the interest at 6% per annum. The impugned judgment had reversed this finding. Suit of the Plaintiff stood dismissed.

(2.) Plaintiff had filed the aforenoted suit for recovery of the aforenoted amount. Plaintiff was engaged in the business of manufacture and sale of electrical appliances. Defendant No. 1 is the partnership firm of whom Defendant Nos. 2 to 6 are partners. Goods were purchased by the Defendant from the Plaintiff; vide bill dated 28.08.99, various electrical geysers were supplied by the Plaintiff which were valued at Rs. 99,316.00/-. On 11.03.1999 again, electrical geysers were supplied to the Defendant No. 1 vide bill dated 11.11.1999. Total bill which was raised on the Defendant No. 1 was to the tune of Rs. 1,43,038.00/-. Part payment was made by way of demand draft No. 072148 dated 29.10.1999 of Rs. 50,000/-. Thereafter, Defendant No. 1 placed a further order with the Plaintiff; this was in November, 1999; supplies were made by the Plaintiff. Part payment was again made by Defendant in the sum of Rs. 33,630/-. Defendant however failed to clear the balance arrears. This was in spite of legal notice. Present suit was accordingly filed.

(3.) In the written statement, preliminary objections were taken. On merits, it was denied that any amount was due to the Plaintiff. It was not denied that the orders were placed upon the Plaintiff company for the supply of geysers; however, liability was denied as the quality of the goods supplied were not as per the order.