SAVINA SHARAN Vs. BABU HALEEM HANDICRAFTS

JUDGEMENT

(1.) PRESENT suit is a suit for recovery. Plaintiff Savina Sharan has claimed a sum of Rs. 28,79,302/ - from the defendant.

(2.) THE plaintiff is stated to be a proprietary concern having business dealings with the defendant since the year 2004. Plaintiff had been supplying material to the defendant (Boll Bottle Stoppers) and on account payments were being made. Purchase orders had been placed upon the defendant on 30.4.2007, 30.5.2007; the articles were to be delivered by 30.6.2007. It was agreed between the parties that in case job work order was not complied with within the stipulated period, Re.1.00 per piece per day will be deducted from the bill amount payable by the plaintiff and this was so stated in the work order. Total amount calculated and deductible from the bills of the defendant is Rs. 14,32,530/ -.

(3.) WRITTEN statement was filed by the defendant. It was denied that any amount was recoverable from the defendant; the present suit is a clear abuse of the process of law. There is no cause of action. It is the defendant who had to recover a sum of Rs. 14,32,530/ - from the plaintiff. The plaintiff had put pressure upon him and took a writing from the defendant on 18.9.2006 that no amount was due and payable. The defendant is an illiterate person. Plaintiff had placed an order on 09.3.2007 which was to be executed by 30.6.2007. There was no agreement between the parties that Re.1 per piece would be deducted in case of delay. The defendant had completed the order and delivered it to the plaintiff on 09.7.2007. Plaintiff made only part payments. In spite of demands made by defendant payments were not made. A debit note was raised against the defendant on 04.10.2010 in the sum of Rs. 14,32,530/ -. Plaintiff agreed to withdraw this debit note and assured to make the payment due to the defendant. The plaintiff made a payment of Rs. 7,50,000/ - to the defendant on 23.11.2007. The defendant has repeatedly been asking for the payment of Rs. 14,32,530/ -, Rs. 7,50,000/ - and Rs. 2,00,000/ - and to avoid payment this false suit has been filed. No amount is due and payable to the plaintiff. The suit is malafide.