SUNFLAME INDUSTRIES Vs. GILL SALES AGENCY AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed this suit for recovery of Rs. 2,00,000/- on the allegations that the plaintiff is a partnership firm duly registered with the Registrar, of Firms and the suit has been filed by one of the partners of the plaintiff firm. It is stated that the plaintiff is dealing in the business of house-hold appliances and the defendant No. I is a sole proprietory concern and defendant No. 2 is the sole proprietor of defendant No. 1. It is further stated that defendant No. 2 approached the plaintiff for supplying the goods on credit to the defendants and agreed to pay the amount by bank drafts. the plaintiff supplied goods to the defendants on various date and the defendants have been making payments on account. On 4.2.1985, a sum of Rs. 2,68,938.32 paise was due from the defendants and they made part payment of Rs. 50,000/- by a bank draft and a sure of Rs. 35,000/- by another bank draft and by giving a credit note of Rs. 48240/-, a sum of Rs. 1,84,710.16 paise became due from the defendants. This amount is claimed with interest @ 18% p.a. It is further stated that the defendants acknowledged the goods by supplying C-Forms of the Sales Tax. Principal amount claimed is Rs. 1,84,710.16 paise along with interest calculated @ 18% and the total sum claimed is Rs. 2,00,000/-.

(2.) Defendants were served by citation in the News Paper and despite service, none appeared on behalf of the defendants and ex-parte proceedings were taken against them vide order dated 27.11.1989. The plaintiff was directed to produce ex-parte evidence by way of affidavits.

(3.) In support of its case, plaintiff has filed an affidavit of Shri K.L. Verma, one of the partners of the plaintiff firm. He has deposed that the plaintiff is a firm duly registered with the Registrar of Firms and he was one of the partners of the plaintiff firm. It is in his deposition that the defendants placed-certain orders for supply of goods and in compliance to those orders, the plaintiff supplied the goods on various dates. The delivery challans have been placed on the record of this case. He further deposed that the defendants made the part payment by bank drafts at New Delhi leaving a balance of Rs. 2,68,938.32 paise. Thereafter, the defendants made further payments and after giving credit of Rs. 48,240/-, there remained a balance of Rs. 1,84,710.16 paise against the defendants. The said witness has supported the allegations made in the plaint on all material particulars. The plaintiff has also proved documents on record. Ex. P-1 is the Form-A of Registrar of Firms. It shows that the plaintiff firm is registered with the Registrar of Firms and Mr. K.L. Verma is one of the partners shown in this form. Exs. P-2 and P- 3 are the statements of account of the plaintiff firm. Exs. P-4 to P-22 are the copies of the invoices of the challans by which the goods were supplied to the defendants. Exs. P-23 to P-27 are the Sales Tax Declaration Forms which are supplied by the defendants to the plaintiff showing the receipt of the goods by the defendants, Ex. P-28 to P-31 are the letters of demand. Ex. P-32 is the certificate of Chartered Accountant that the plaintiff is maintaining proper books of account. Exs. P-33 & P-34 are the Assessment Orders by the Income Tax Department.