DIGI CONTENT Vs. MINDLOGICX INFOTECH LTD

JUDGEMENT

(1.) The plaintiff has filed a suit for recovery for a sum of Rs.37,63,961/- against the defendant.

(2.) Brief facts of the case are that the plaintiff is the sole proprietary concern of Smt. Deepshikha Jain wife of Shri Anurag Jain carrying on inter-alia the business of printing and supplying of books. The defendant placed a purchase order bearing Reference No. MLX/PO/160/04 dated 28th September, 2004 on the plaintiff at their Delhi Office for printing and supplying of books as per the list enclosed with the said purchase order for Distance Education, Directorate of Punjab Technical University (PTU), Jalandhar at the agreed rate of 26 paisa per page. The agreed terms of payment schedule were "in two instalments after 45 days and 90 days". The place of delivery stipulated in the purchase order was Jalandhar office of defendant. The aforesaid purchase order dated 28th September, 2004 was duly executed by the plaintiff and the books were delivered to the defendant at their Jalandhar office under delivery challan of the plaintiff dated 19th October, 2004, 25th October, 2004 and 29th October, 2004 which were duly received by the defendant on 20th October, 2004, 26th October, 2004 and 30th October, 2004. The plaintiff correspondingly, raised three bills bearing No. 0044 dated 23rd October, 2004 for Rs. 18,87,153.84/-; bill bearing No.0045 dated 25th October,2004 for Rs.2,14,739.20/- and bill bearing No.0047 dated 30th October, 2004 for Rs.1,99,586.40/- for payment by the defendant as per the agreed payment schedule.

(3.) Thereafter, the defendant placed on the plaintiff at their New Delhi office another purchase order through e-mail dated 29th October, 2004 for supply of 40,000 feedback forms on the same terms and conditions of payment schedule which was duly executed and delivered to the defendant at their Jalandhar Office under delivery challan dated 30th October, 2004 which was received by the defendant on 1st November, 2004. The plaintiff raised bill bearing No. 0048 dated 3rd November, 2004 for Rs.19,500/-.