ANIL MAHESHWARI Vs. LAMBDA EASTERN TELECOMMUNICATION LIMITED

JUDGEMENT

(1.) The plaintiff has filed the present suit for recovery of Rs. 53,79,037/ - along with pendente lite interest and cost.

(2.) The case of the plaintiff is that he is carrying on his business operations in the name and style of Supreme Industrial Corporation and engages in business of electrical wires, cables, switchgears, switch boxes and electrical accessories of the similar type.

(3.) The defendant is engaged in manufacturing of PIU and other items mainly for telecom towers who has been contracting with large power distribution units and industry to lay and install electrical lines. From the year 2008, the defendant has been in active trade relations with the plaintiff for supply of electrical and allied items. As per agreed terms between the parties, the material was supplied against the purchase orders to be sent by the defendant to the plaintiff and supply was to be made to the Kundli Project as well as to the Gurgaon Project of the defendant. The payment against the bills was to be made upon delivery of material and receipt of the bills from the plaintiff. The plaintiff used to receive purchase orders from the defendant and the material used to be delivered soon upon those purchase orders. Bills were raised and initially payments were received in satisfaction of the oust.