J.K. SYNTHETICS LTD Vs. DYNAMIC CEMENT TRADERS

JUDGEMENT

(1.) The subject suit for recovery of Rs. 45,30, 506.36/- has been filed by the plaintiff-M/s. J.K. Synthetics Ltd against the defendant-M/s. Dynamic Cement Traders. The plaintiff was the seller of cement and the defendant was the buyer. As per para 3 of the plaint, the suit amount is the debit balance which is due from the defendant as per the running account.

(2.) The defendant has contested the suit and pleaded that there was no running account but payment was made bill-wise. The defendant has referred to the fact that either each bill was cleared under a specific cheque or there was a bunch of bills corresponding to the amount of that cheque which was given for payment of those bills. The defendant claims that relationship between the parties was terminated w.e.f. 31.3.1995 and whereafter there was only a single transaction on 26.9.1995 and even that was cleared by making the payment of specific bill amount by cheque dated 10.10.1995 of Rs. 76,960/-. The defendant has pleaded that the suit is barred by limitation.

(3.) The following issues were framed on 16.3.2004:-