SHORI LAL CHEMICALS Vs. SUNITA GUPTA

JUDGEMENT

(1.) VIDE impugned order dated April 26, 2012, the learned Single Judge has dismissed IA No.9160/2011 by which application the appellants sought leave to defend, and as a consequence, suit filed by the respondent under Order XXXVII of the Code of Civil Procedure has been decreed in sum of Rs.56,57,200/- together with interest @18% per annum from the date of decree till realization. Costs have also been awarded against the appellant. Needless to state, decree is in favour of the respondent.

(2.) CASE pleaded by the respondent was that she was carrying on business as the sole proprietor of M/s.Sandeep Chemicals Corporation, and was trading in dyes and chemicals. As per her, Vijay Aggarwal (appellant No.2) was carrying on business under the name ,,M/s.Shori Lal Chemicals (appellant No.1), as the sole proprietor thereof. She pleaded having sold chemicals and dyes to the firm in sum of Rs.49,19,200/- and for which she claimed to have raised two invoices in sum of Rs.23,40,000/- and Rs.25,79,200/-, but in respect of which invoices, she admittedly has no proof of acknowledgment. She claims that she sent the goods vide lorry receipt No.12926 dated January 16, 2009 and lorry receipt No.13329 dated January 18, 2009 through a transporter Shiv Transport Company, but in respect of which lorry receipts she has no proof of the consignment being delivered to the consignee i.e. M/s.Shori Lal Chemicals. As per her claim, she sold the goods on a 60 days credit. The payment was not received within 60 days. She claims that Vijay Aggarwal, using the letter head of a sister concern ,,M/s.Suraj Mal Shori Lal requested that outstanding balance as per account maintained by her be sent to him. She sent a statement of account for the period ending March 31, 2009, which amount was acknowledged by Vijay Aggarwal as payable, evidenced by his having signed the statement of account sent by her. She also claims that Vijay Aggarwal gave her five cheques, drawn on Oriental Bank of Commerce, each in sum of Rs.3 lakhs, and each cheque dated March 25, 2009 in satisfaction of part payment. She pleads that she received another cheque in sum of Rs.3 lakhs but claimed this to be on account of part payment towards a friendly loan advanced by her in sum of Rs.5,00,000/- on December 29, 2008. Sunita Gupta pleads that the five cheques when presented for encashment, which were tendered towards part satisfaction of the outstanding amount for the goods sent under the two invoices, were dishonoured. She claims that on some complaint being made by Vijay Aggarwal to the police at Amritsar, one ASI Shiv Nath told her to be present at PS Vijay Nagar, Amritsar. Her husband M.P.Gupta and her sons Robin Gupta and Saurabh Gupta went to Amritsar. She alleges that the police officer, under threat, made her husband and son sign some documents. She alleges that in those documents certain settlements pertaining to the firms M/s.Sino Chem Impex and M/s.Tarun Vanijya were got signed. Sunita Gupta referred to her having paid sales tax on the goods which she claims to have sold to Vijay Aggarwal.

(3.) WE highlight that the rubber stamp of Sandeep Chemical Corporation has been affixed where the husband and sons of Sunita Gupta have signed the settlement agreement.