PRAKASH INDUSTRIES LIMITED Vs. SARVE KIRTI KUMAR SHARMA

JUDGEMENT

(1.) These Regular First Appeals under section 96 of the Code of Civil Procedure, 1908 (CPC) are filed by the appellant/defendant/counter-claimant impugning the judgment of the trial court dated 27.5.2017 by which the trial court has decreed the suit of the respondent/plaintiff for a sum of Rs. 7,68,305/- with interest at the rate of 12% per annum on account of goods (being spare parts) supplied and the counter-claim of the appellant/defendant for a sum of Rs. 6,10,593/- has been dismissed and which amount was claimed by the appellant/defendant being the loss allegedly suffered on account of the respondent/plaintiff giving spare parts late and also which were defective and resultantly the appellant/defendant/counter-claimant had to engage transport services from transporters at a cost which is the subject matter of the counter-claim.

(2.) The facts of the case are that admittedly the appellant/defendant/counter-claimant placed upon the respondent/plaintiff purchase orders for supply of spare parts of trucks. Respondent/plaintiff is the authorized distributor of the spare parts of M/s Ashoka Leyland Limited. Purchase orders were placed from 2.9.2008 to 28.10.2009. Respondent/plaintiff claimed that the entire supplies as per the purchase orders were completed by supplying spare parts to the appellant/defendant. Complete payment was however not made as reflected in the books of account of the respondent/plaintiff which showed a debit balance of Rs. 5,64,721/-. Respondent/plaintiff after serving legal notice dated 21.2.2011, and to which the appellant/defendant is said to have sent a frivolous reply on 23.3.2011, filed the subject suit for recovery of moneys.

(3.) Appellant/defendant contested the suit and pleaded that in terms of the purchase orders supplies were to be immediately made inasmuch as the purchase orders showed that the supplies had to be made immediately. It was pleaded by the appellant/defendant that there were delays ranging between 25 to 73 days in supply of the spare parts and due to which the trucks owned by the appellant/defendant were unutilized and the appellant/defendant had to take the service of other transport agencies and pay hire charges for such trucks. The charges paid to the other transporters were made the subject matter of the counter-claim being the sum of Rs. 6,10,593/-.