ARTEE MINERALS Vs. KANWEL KAUL

JUDGEMENT

(1.) The present suit has been filed by the plaintiff against the defendants for recovery of Rs. 1,85,140.68. The plaintiff is a registered partnership firm having its administrative/sales office at 4741/23, Ansari Road, Darya Ganj, New Delhi and carries on business of manufacturing and selling pesticides, Shri Jugal Kishor Bhartiya is one of the partners in the plaintiff firm and it is stated that as such he is authorised to institute the present suit, sign and verify the pleadings and do all such acts in connection therewith. Defendant No.1 is the sole proprietor and is partner of defendant No.2 having its office and factory at 24-B. Industrial Extension Area, Gangyal, Jammu (Tawi). Defendant No.1 is alleged to be liable for the liabilities of defendant No.2 including the liabilities of the nature as have been referred to in the plaint.

(2.) In terms of the order-placed by the defendants for supply of various pesticides the plaintiff supplied pesticides to the defendants from its sales office at New Delhi during the year 1981 and years prior thereto. Against the supplies which the plaintiff made from time to time, the bills were raised on the defendants and there was a running account of the defendants with the plaintiff and all payments made by the defendants were duly credited and adjusted in the said account. It is next stated that some times on or about March 24, 1981 the defendants made payment of a sum of Rs. 70,000.00 by Demand Draft in favour of the plaintiff and payable at New Delhi leaving the outstanding balance of Rs. 4,468.38 in favour of the plaintiff after adjusting the said amount of the demand draft. The facts relating to the amount due which is claimed in the present suit are detailed in paragraphs 6,7,8,9 and 11 of the plaint which may be reproduced as follows:

(3.) The Plaintiff is stated to have sent a legal notice dated May 24,1984 as referred to in paragraph 12 of the plaint which was served on the defendants by the plaintiff's Advocate by registered post with acknowledgment due calling upon the defendants to pay the amount of Rs. 1,09,518.38 with interest thereon at the rate of 21 per cent per annum. The defendants duly received the said notice but failed and neglected to pay the outstanding amount. Copy of the notice and the acknowledgment due are filled with the plaint and marked as Exhibit Public Witness 1/6,Public Witness1/ 7 and Public Witness1/8 respectively. The outstanding amount as due from the defendants to the plaintiff is detailed inparagraph 13 of the plaint which may be reproduced as follows: