ASHOK PARSHAD Vs. MAHALAXMI SUGAR MILLS CO. LTD

JUDGEMENT

(1.) THE plaintiff has filed the present suit against the defendant for recovery of Rs. 2738253.95/-.

(2.) THE facts presented are that the defendant has been purchasing from the plaintiff various items of chemicals from time to time starting from 14.05.1982 to 31.03.1997. The plaintiff had maintained a Running Account of the defendant in its books of accounts and the purchases so made by the defendant from the plaintiff were duly and regularly debited to the said account. Similarly, the payments received from the defendant from time to time were duly and regularly credited to the said account. It is the plaintiffs case that all the supplies were made to the defendant on the orders received and accepted at Delhi and the goods were sent from the plaintiffs place to the transport carriers place for delivery to the defendant on payment of freight. It is his case that the defendant accepted the delivery of all the supplies and sent the required sales tax Forms ,,C for all these supplies. The plaintiff has given the details of the supplies made to the defendant from 01.04.1982 to 31.03.1997, furnishing the details of the bills dates and the amounts. Likewise, the details of the amounts remitted by the defendant from time to time, have also been given. As per the details, the last supply was made vide bill No. 10953 dated 12.02.1993 of goods worth Rs. 50130.20/- and the last amount remitted by the defendant was by way of a cheque amounting Rs. 50,000/- dated 11.07.1996. The plaintiff submits that a sum of Rs. 10,90,052.57/- as the principal remains outstanding against the defendant. It is also the plaintiffs case that interest @ 23% p.a. was payable by the defendant on each delivery in the event of the payment being not made within seven days. This was stated to be specifically mentioned on the bills that interest at this rate will be charged if the payment was not made within seven days. The plaintiff has claimed interest totaling Rs. 1648201.38, giving the details from the year 1983 to 31.10.1997. In this way, the plaintiff has claimed a total of Rs. 1090052.57/- towards principal and Rs. 1648201.38 towards interest.

(3.) ON the pleadings of the parties, the following issues were framed for trial on 29.07.2002: