RAM PRATAP GOEL Vs. MANU ENTERPRISES

JUDGEMENT

(1.) THE present suit is a suit for recovery of Rs.23,50,462.17 of which Rs.18,22,492/ - is the principle figure and the balance amount is interest calculated @ 24% per annum.

(2.) THE plaintiff Ram Pratap Goel is the sole proprietor of M/s Rajit Textiles, E -16/607, located Near Water Tank, Main Tank Road, Karol Bagh, New Delhi. He had business dealings with the deceased Manoj Kumar @ Manu who was the sole proprietor of M/s Manu Brothers and carrying on business under the said name from 6393, Street No.3, Block No.7, Dev Nagar, Karol Bagh, New Delhi.

(3.) PLAINTIFF was supplying clothes for fabrication of garments on credit basis to the deceased who used to issue post dated cheques for discharge of his liability. Manoj Kumar @ Manu died on 11.10.2007 and on the date of his death he owed Rs.20,22,492/ - to the plaintiff. Defendant no.1 Kiran Khorwal, the wife of the deceased and defendant no.2 Jitender Kumar, brother of the deceased, are liable to pay this sum of Rs.18,22,492/ - to the plaintiff along with interest. After the death of the deceased Manoj Kumar a sum of Rs.2,00,000/ - had been received by the plaintiff through seven different transactions i.e. a sum of Rs.1,00,000/ -, Rs.15,000/ -, Rs.20,000/ -, Rs.10,000/ -, Rs.15,000/ -, Rs.15,000/ - and Rs.25,000/ - which was paid by defendant no.1 through defendant no.2 vide receipts dated 19.10.2007, 24.10.2007, 28.10.2007, 31.10.2007, 01.11.2007, 05.11.2007 and 08.11.2007 duly acknowledged by the defendant no.2.