WALIA DESTINATION Vs. ROAD GEARS

JUDGEMENT

(1.) This is a suit for recovery of money on account of price of goods sold by the plaintiff between to defendant no.1 firm, which as per the case of the plaintiff is a partnership firm of defendant nos. 2 and 3.

(2.) Defendant no.1 had allegedly been regularly purchasing from the plaintiff car accessories like car seat covers, solar films, car perfumes etc. in which items the plaintiff was dealing. During the period from 1st April,2004 till 20th July,2004 the defendants purchased goods in respect of which various bills were raised by the plaintiff in which one of the terms of payment was that payment was to be made within 15 days from the date of delivery of the goods purchased else interest on the price of the goods @ 24 % p.a. was also to become payable by the defendants. It is alleged in the plaint that during the aforesaid period goods worth Rs. 19,15,676/- were supplied to the defendant no.1 firm but it had failed to make any payment towards the price of those goods despite demands made by the plaintiff. It was also the case of the plaintiff that defendants had issued 41 post dated cheques also towards the discharge of their liability in favour of the plaintiff and but all were dishonoured. Having failed to get its money from the defendants, the present suit for recovery was filed. In addition to the said principal amount of Rs.19,15,676/- the plaintiff also claimed Rs. 13,87,193/- on account of interest on the that amount but calculated @ 18% p.a.

(3.) The defendants in their written statement contested the suit claim inter alia on the grounds that they had not purchased the goods of the value of Rs.19,15,676/- as was being claimed by the plaintiff and that the suit was in any case time barred also. Then the following issues were framed on 1st October, 2008: