RAJESH SINDHWANI Vs. D R KOCHHAR

JUDGEMENT

(1.) The respondent herein has obtained a decree in the sum of Rs.1,68,040/- plus costs as well as pendente lite and future interest @ 18% p.a. This decree has been passed in Suit No. 144/2000 filed by the respondent against the appellants. Challenging the said judgment and decree, present appeal is preferred. The suit filed by the respondent was founded on the averments that he is a manufacturer, dealer and supplier of chemicals, i.e. bread improver, and running his business from B-11, Badarpur Extension, New Delhi. He was approached by the appellants in connection with the purchase of said chemical, which was supplied by the respondent to the appellants in four consignments on different dates against which following bills were raised :- <FRM>JUDGEMENT_997_ILRDLH16_2007Html1.htm</FRM> These bills are in the name of M/s. Sindhwani Traders.

(2.) It was alleged by the respondent that payment of the said supplies was not made by the appellants even when the amount was to be paid within 30 days from the receipt of the material. The appellants came to the respondent again and assured that the amount would be paid in instalments along with interest of Rs.8,040/-, which had become due, and requested for supply of further material. Accordingly, vide Bill No. 205 dated 22.3.2000 material worth Rs.16,000/- was supplied and payment in cash was made against the said supply. However, the amount of Rs.1,68,040/- was not paid in spite of demands and even after serving notice dated 21.5.2000 thereby forcing the respondent to file the suit in question.

(3.) In the cause-title, the appellant No.1 (defendant No.1 in the said suit) was shown as authorised representative of M/s. Sindhwani Traders. In fact, the appellants are all related to each other. The appellant Nos. 1 to 3 are brothers and appellant No.4 is the wife of appellant No.3.