RANBIR SINGH BHARDWAJ Vs. R.K.KAPADIA

JUDGEMENT

(1.) This is a suit for recovery of Rs.20,06,591/-. It is alleged in the plaint that the plaintiff is a manufacturer and seller of lubricating oil, carrying business under the name and style of M/s. Parvati Oils & Chemicals. The defendant placed a purchase order dated 30 th September, 2008 on him for purchase by order of goods worth Rs.16,58,340/-. The plaintiff accordingly supplied the goods vide two invoices, both dated 20 th October, 2008. The defendant, in due discharge of his legal liabilities, paid the price of the aforesaid goods by issuing a cheque for a sum of Rs.16,58,340/- dated 14 th October, 2008 to the plaintiff. The cheque when presented to the bank was returned for want of insufficient funds. The plaintiff issued a demand notice dated 15 th December, 2008 calling upon the defendant to pay the amount of the dishonoured cheque. Since the defendant has failed to pay the price of the goods, the plaintiff has claimed the principal sum of Rs. 16,58,340/- along with interest on that amount at the rate of 18% per annum amounting to Rs.03,48,251/-.

(2.) The defendant was proceeded ex-parte on 08 th October, 2010. In his affidavit by way of ex-parte evidence, the plaintiff has stated, on oath, the case set out in the plaint and has proved various documents. He has further stated that the purchase order Ex.PW-1/1 was placed by the defendant on him and he sent proforma invoice Ex.PW-1/2. The goods were thereafter supplied vide invoices Ex.PW-1/3 and Ex.PW-1/4. The material was sent to the defendant through M/s. Rajesh Road Corporation(India) vide consignment note No. 478 dated 20 th October, 2008. He has further stated that the cheque Ex.PW-1/6 was issued by the defendant but was dishonoured for want of insufficient funds.

(3.) Ex.PW-1/1 is the copy of the purchase order dated 30.09.2008 placed by the defendant upon the plaintiff whereas Ex.PW-1/2 is the performa invoice which the plaintiff sent to the defendant on receipt of the purchase order. Ex.PW-1/3 and Ex.PW-1/4 are the two invoices whereby the goods were sold to the defendant.