BAYER CROP SCIENCE LTD Vs. HPM INDUSTRIES LTD

JUDGEMENT

(1.) THIS is a suit for recovery of Rs. 101, 53,984.13/-. The plaintiff company used to supply the goods to the defendant no. 1 company from time to time and the time for making payment varied upto 90 days depending upon each purchase order. A sum of Rs. 10462564/- was due to the plaintiff company from defendant no. 1 company as on 1 st January, 2004. Between 14th May, 2004 to 30th August, 2004, the plaintiff company supplied goods worth Rs. 63,30,841.76/-to defendant no. 1 company, as a result of which liability of defendant no. 1 company to the plaintiff company rose to Rs. 1,67,93,405/-. Out of the aforesaid amount of Rs. 1,67,93,405/-, the defendant no. 1 made payment of Rs. 1,12,77,844/-, through various cheques, leaving a balance of Rs. 55,15,561.76/-.

(2.) ON 14th May, 2005, the defendant company made payment of Rs. 2 lakhs thereby reducing the outstanding amount to Rs. 53,15,561/-. A criminal complaint was then filed by the plaintiff company against the defendants. During pendency of the complaint, the plaintiff company received payment of Rs. 2 lakhs from the defendant company vide two separate cheques of Rs. 1 lakh each one of which was credited on 20th March, 2007 and the other on 10th April, 2007. The liability of defendant company to the plaintiff company thereupon came down to Rs. 51,15,561/-.

(3.) THE plaintiff company has filed an affidavit of Mr. K.K. Jain by way of ex parte evidence. In his affidavit, Mr. K.K. Jain has stated that between 14 th May, 2004 to 30th August, 2004, the plaintiff company supplied goods worth of Rs. 63,30,841.76/- to defendant company vide invoices which are annexed in Exhibit P/2 (Colly). He has further stated that on account of the aforesaid supply of goods, the total amount payable to the plaintiff company increased to Rs. 1,67,93,405/-. According to him, the defendant paid a sum of Rs. 1,12,77,844/- through various cheques and one payment of Rs. 6,38,929/- was made vide cheque no. 063141. He has further stated that the defendant remitted payment of Rs. 2 lakhs to the plaintiff company vide cheque dated 14 th May, 2005 thereby reducing the outstanding amount to Rs. 53,15,561/-. According to him, the plaintiff received a further sum of Rs. 2 lakhs from the defendant through two cheques of Rs. 1 lakh each, one of which was credited on 20 th March, 2007 and the other on 10th April, 2007.