GAJINDER LOOND Vs. ZEDAK INDUSTRIES & ORS.

JUDGEMENT

(1.) The plaintiff has instituted the present summary suit under Order 37 Civil P.C. 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.) Learned counsel for the plaintiff states that the defendant No.2 is the sole proprietor of the defendant No.1/firm and it is the defendant No.3 (son of the defendant No.2), who manages the day-to-day affairs of the proprietorship firm. Defendant No.2 had gathered information about the plaintiff's plans to install stainless steel containers and refrigeration systems on the vehicles purchased by him and he represented to the plaintiff that they were in the business of body manufacturing over delivery vehicles and would be willing to undertake the said work for him. After some negotiations that took place at the plaintiff's residence, the defendants had submitted two quotations-cum-invoices, both dated 28.3.2012. The first invoice bearing No.1102/3/ZI was raised by the defendants for fixing refrigeration units of "Thermoking" make as per specifications, on the three Bolero vehicles @ Rs. 3,15,000.00 per vehicle + taxes, totalling to a sum of Rs. 10,69,031/-. Based on the said invoice, the plaintiff had placed a purchase order on the defendants for purchasing three Thermoking refrigeration units and, as demanded, had paid 100% advance against the said invoice, vide cheque No.200034 dated 4.4.2012 drawn on Indian Overseas Bank in favour of the defendant no.1. The said cheque was duly cleared on 13.4.2012, as per a certificate dated 8.8.2013 issued by the plaintiff's banker, i.e., Indian Overseas Bank, Greater Kailash, Part-II, New Delhi Branch, that has been filed along with the List of Documents.