NICTO ROADWAYS LTD Vs. PRIYA INTERCONTINENTAL

JUDGEMENT

(1.) The present suit has been filed by the plaintiff for recovery of Rs.40,04,966/- against the defendants along with pendente lite and future interest until realization.

(2.) It is stated by the plaintiff company that it is a public road transport common carrier that also owns the unit known as Nitco Air Express which works as cargo booking agents with various Airlines for transshipment of consignments to Indian as well as foreign destinations.

(3.) Defendant No.1 is a partnership firm and defendant Nos. 2 to 5 are its partners. It is stated by the plaintiff that the defendants have been availing the services the plaintiff's said unit at Delhi. Further, it is said that between 22.05.1999 and 17.08.2000 the defendants availed the services of the plaintiff's said unit on credit vide 18 bills for Rs.27,93,162/- (the details of the bills is given in para 2 of the plaint) and after various requests from the plaintiff to the defendants to clear the said amount the defendants issued 15 cheques of the Central Bank of India. However, when the plaintiff presented these cheques for payment at the bank, they were dishonoured. The details of which is given in para 3 of the plaint.