SHAM DYERS Vs. BIJENDER SHARMA

JUDGEMENT

(1.) This appeal is directed against the order of learned Additional District Judge, Delhi dated 19-08-2002 whereby learned ADJ has decreed the suit of the plaintiff for a sum of Rs.2,83,618/- with pendente lite interest @ 6% per annum along with proportionate cost. Learned trial court also dismissed counter claim of the defendants.

(2.) Brief facts of the case of the plaintiff are that plaintiff filed a suit under Order 37 CPC for recovery of Rs.3,81,093/- against the defendants. Plaintiff has stated in the plaint that plaintiff is a petty contractor and is doing job work of dying, printing, finishing, folding, checking, etc. Plaintiff is running business under the name and style of ''M/s. Mohan Baba Traders''. Defendant No.1 is the proprietorship concern of Shyam Sunder Viz., defendant No.2. Defendants have their branch at 664 and 666, West Guru Angad Nagar, Laxmi Nagar, Delhi. Defendants have their factory at Noida. On 09-11-96, an agreement was executed between plaintiff and the defendants for doing job work. Defendants were to supply cloth measuring 1,50,000 meters per month to the plaintiff and plaintiff was to do the job of dying, printing, etc. on the said cloth. Plaintiff executed the job to the satisfaction of the defendants and also raised certain bills. Defendants did not pay an amount of Rs.3,70,262/- to the plaintiff which had become due against the defendants upto August 1997. Defendants thereafter paid a sum of Rs.30,000/- but did not pay remaining amount of Rs.3,40,262/-.

(3.) Summons of the suit were served upon the defendants and the defendants put in their appearance. Thereafter summons for judgment were served on the defendants. Defendants moved an application for leave to defend the suit and also filed a counter claim for a sum of Rs.69,450/-. Leave to defend the suit was granted to the defendants.