HIM PULVERISING MILLS LTD Vs. MAHALAXMI ENTERPRISES

JUDGEMENT

(1.) IN this suit, the plaintiff seeks recovery of a sum of Rs. 29,13,520/- (Rupees Twenty Nine Lacs Thirteen Thousand Five Hundred Twenty only) along with interest thereon from the defendant for certain materials supplied by the plaintiff to the defendant.

(2.) THE plaintiff's case in short is that it is engaged in the business of manufacturing and marketing of Pesticides, Insecticides, Weedicides, Herbicides and other cognate and allied goods and is running its business under the name and style of M/s. Hindustan Pulverising Mills. The defendant Shri Sharad Kumar is the proprietor of M/s. Mahalaxmi Enterprises having its place of business at agarsen Bhawan, Attabira Distt. Bargarh (Orissa ). For the last several years, the defendant has been purchasing various materials such as Pesticides, insecticides, Weedicides, Herbicides and other cognate and allied materials from the plaintiff company against the oral and written orders of purchase placed by the defendant to the plaintiff company from time to time. The plaintiff company, after supplying the aforesaid materials through its CNF agent and later directly used to raise invoices upon the defendant. At no point of time, the plaintiff company received any notice or complaint from the defendant with regard to the quantity and quality of the material supplied by the former to the latter.

(3.) THE plaintiff company was maintaining a running account of the defendant in the regular course of its business and as such posted all the payments received from the defendant to the credit of the defendant's accounts against the invoices raised by the plaintiff company from time to time. The last payment received by the plaintiff company from the defendant existing in the books of accounts was on 14. 10. 2004, through a demand draft bearing No. 023455 dated 12th October, 2004 for an amount of Rs. 50,000/- (Rupees Fifty Thousand only), which was duly entered and posted in the account of the defendant maintained in the books of accounts of the plaintiff company.