SUNITA GUPTA Vs. SHORI LAL CHEMICALS

JUDGEMENT

(1.) Present suit has been filed by plaintiff under the provisions of Order XXXVII of the Code of Civil Procedure for recovery of Rs. 56,57,200/-. Present suit is based on two invoices, originals of which have been placed on record. Summons were issued to the defendant in the prescribed form. The defendant has filed the present application, being I.A.9160/2011, under Order XXXVII Rule 3(5) of the Code of Civil Procedure seeking leave to defend. The facts of the case as set out by the plaintiff in the plaint are that the plaintiff is the sole proprietor concern of M/s Sandeep Chemicals Corporation and is running its business in the said name and style since the year 1979. The plaintiff is trading in dyes, colour and chemicals. Defendant no.1 is also a proprietorship concern, which is carrying on its business in the name and style of M/s Shori Lal Chemicals and defendant no.2, Mr.Vinay Agarwal, is the proprietor of defendant no.1.

(2.) As per the plaint, in the month of January, 2009, defendant no.2 approached the plaintiff for the purchase of some dye colours on credit basis. Defendant no.2 purchased the dye colours for a total sum of Rs. 49,19,200/- from the plaintiff vide invoices dated 16.1.2009 and 18.1.2009. The details of which are as under: S.No. Invoice No. Particular Amount Dated a) 20/08-09/C Alpha Blue 23,40,000/- 16-1-09 b) 21/08-09/C Paris Sky Silver 25,79,200/- 18-1-09

(3.) The said dyes colours were purchased by defendants through the invoicesdated 16.1.2009 and 18.1.2009 on a credit period of sixty days from the date of billing. The dyes colours were supplied by plaintiff to the defendants through Shiv Transport Company vide lorry receipts-coml. number 12926 dated 16.1.2009 and 13329 dated 18.1.2009. Original lorry receipts have been placed on record. As per the terms and conditions of the invoices, parties had agreed that if payment is not received within the agreed specified period of sixty days, interest would be charged @18%, per annum.