SURENDER GOYAL Vs. VIKRAM MALHOTRA

JUDGEMENT

(1.) The first appeal under Order 43 (1)(d) of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant impugning the judgment of the court below whereby the court below has dismissed the application under Order 9, Rule 13 Civil P.C. filed by the appellant/defendant as also the connected application for condonation of delay.

(2.) The facts of the case are that the respondent/plaintiff filed a suit for recovery of Rs. 4,72,633.00 against the appellant/defendant pleading that the appellant/defendant had placed orders for supply of sarees and had received the sarees from time to time. It was pleaded in the plaint that as per the accounts regularly maintained there was a huge outstanding amount of Rs. 4,80,933.00 and to clear which the appellant/defendant had issued five cheques as stated in para 5 of the plaint and which were dated 28.4.2013, 7.5.2013, 14.5.2013, 21.5.2013 and 28.5.2013. Out of the five cheques, cheques dated 28.4.2013 and 14.5.2013 were presented but were dishonoured. The respondent/plaintiff had further pleaded in the plaint that the respondent/plaintiff did not deposit the balance three cheques as the appellant/defendant had so requested because of lack of funds. It was further pleaded in the plaint that the appellant/defendant only thereafter paid a sum of Rs. 60,000.00 leaving a balance of Rs. 4,20,933, and that since in spite of service of legal notice dated 28.5.2014 by registered post and speed post the appellant/defendant did not pay the amount due, hence the subject suit was filed.

(3.) In the suit appellant/defendant was served but he failed to appear and hence was proceeded ex-parte. Respondent/plaintiff thereafter led evidence. The trial court after discussing the evidence led, including the documents exhibited as Ex.PW1/1 to Ex.PW1/20 being the cheques and invoices as also the legal notice, decreed the suit for Rs. 4,20,933.00 along with interest at 6% per annum.