DEV ARORA Vs. SUPER PARTS PRIVATE LIMITED

JUDGEMENT

(1.) This suit has been filed for recovery of Rs. 2,93,627.40 paise on the allegations that the plaintiff-company is carrying on business of metal processing, chemical plating, that the defendants approached the plaintiff sometime in the year 1980 for getting their gas stoves, burners, etc. processed, finished and nickle plated from the plaintiff to which the plaintiff is stated to have agreed. It is stated that the plaintiff executed various jobs for the defendant upto November, 1985 and submitted bills for the work done alongwith periodical statement of accounts. The defendant used to make payments after adjusting their counter demands and checking the statement of account. It is stated that as per the statement of account dated 1st April, 1985 forwarded by the plaintiff, a sum of Rs. 2,58,988.22 paise was due from the defendants. The said amount is stated' to have been accepted to be payable by the defendant for the jobs carried out by the plaintiff. However, certain arbitrary deductions in the bills have been alleged to have been made and a sum of Rs. 1,05,641 .00 was stated to have been shown to be payable from the defendant to the plaintiff in the said reconciliation statement for the period ending 20th June, 1985. Plaintiff is also stated to have carried outcertain additional job works vide Bill No. 3931 dated 11th August, 1985 for Rs. 8,686.00 and Bill No. 3965 dated 1st November, 1985 for Rs. 7,740.00 . It is, therefore, submitted that the defendants were due a total sum of Rs. 2,14,483.39 paise as per the bills given in paragraph 7 of the plaint. Claiming interest at the rate of 18 per cent per annum, the plaintiff has claimed a sum of Rs. 79,144.01 paise towards interest. Notice dated 6th April, 1987 is stated to have been issued to the defendant and inspite of service as the amount was not paid, the plaintiff has filed this suit claiming a sum of Rs. 2,96,627.40 paise as the total amount due from the defendant.

(2.) On the summons having been served upon the defendants, they Filed the written statement. The case as made out in the written statement is that during the progress of the work, raw material used to be supplied to the plaintiff and the plaintiff has not retumed material worth Rs. l,77,131.00 and has with held the same. It is stated that on account of the work not being satisfactory, the defendants used to issue debit notes and after adjusting debit notes, the amount payable was Rs. 1,05,641.00 . The defendant has, therefore, made a counter claim of Rs. 60,904.94 paise and has claimed a decree for the said amount. Court fee has been paid on the counter claim by the defendant.

(3.) On the pleadings of the parties, the following issues were framed :-