PGF LIMITED Vs. MUKESH KUMAR GOEL AND SONS

JUDGEMENT

(1.) The plaintiff has filed a suit for recovery of Rs 65,06,860.25/- against the defendant towards balance price of timber supplied.

(2.) The plaintiff is a company incorporated and registered under the Companies Act, 1956. The defendant is stated to be a sole proprietorship concern. The plaintiff is engaged inter alia in the business of sale of timber/wooden goods and in furtherance of his business activities and at the request of the defendant supplied the said goods to the defendant. A running account is stated to have been maintained by the plaintiff in respect of price of goods supplied and the payments received against the same.

(3.) The period of transaction is from 01.03.1998 to 31.03.1999. As per the statement of account filed by the plaintiff, the balance amount of Rs 57,40,530.62 remains due and outstanding. The plaintiff has also given details of the cheques issued by the defendant, but were returned on account of insufficient funds. Legal notices were issued calling upon the defendant to pay the sum of Rs 49, 68,412 along with Rs 5,78,000/-, the latter being the amount of the dishonoured cheques. The defendant sent a reply raising some claim of discrepancy in the outstanding balance but admitting to a large balance outstanding and sought instalments of Rs.4-5 lakh to pay the amount but to no avail. The suit has thus been filed.