GAJINDER LOOND Vs. ZEDAK INDUSTRIES AND ORS.

JUDGEMENT

(1.) THE plaintiff has instituted the present summary suit under Order XXXVII CPC praying inter alia for recovery of a sum of Rs. 35,30,031/ - against the defendant, along with future and pendente lite interest @ 24% p.a.

(2.) THE relevant facts of the case, as set out in the plaint, are that the plaintiff has various business ventures in Delhi and the NCR region. He provides state of the art technology to multi -national companies in poultry business and makes retail supplies to various stores in the NCR region of Delhi. In the year 2012, the plaintiff had decided to make forays in the business of frozen meats and with the said idea, he decided to purchase three vehicles (make : Mahindra Bolero) for transportation, distribution and supply of the products in Delhi and the NCR region. For the said purpose, the plaintiff had planned to install stainless steel containers and a refrigeration system on the chassis of the aforesaid vehicles as per the international standard and specifications.

(3.) COMING to the second quotation -cum invoice No. 1103/3/ZI dated 28.3.2012 prepared by the defendants for fabrication of refrigeration units and stainless steel racks, as per the specifications that were agreed upon, they quoted a sum of Rs. 12,11,569/ - for undertaking the said job, which was duly accepted by the plaintiff. At the time of placing the order, the plaintiff had paid 50% advance of the performa invoice, to the defendants, i.e., a sum of Rs. 6.00 lacs, vide cheque No. 200038 dated 4.4.2012 drawn in favour of the defendant no. 1 and the said cheque was duly cleared on 10.4.2012, as per the certificate dated 8.8.2013 issued by the plaintiff's banker, i.e., Indian Overseas Bank, Greater Kailash -II, New Delhi, that has been filed along with the List of Documents. Sometime later, the defendants had approached the plaintiff requesting for release of the balance payment raised in the second invoice. Since completion of the fabrication work was getting delayed, to avoid any further delay, the plaintiff had paid a sum of Rs. 6,55,000/ - to the defendants through five cheques drawn on Indian Overseas Bank in favour of the defendant No. 2 that were duly encashed in the following manner :