SAVEENA ENTERPRISES PVT LTD Vs. KALATEX

JUDGEMENT

(1.) The defendants seek leave to defend the suit for recovery of Rs.24,75,607/- instituted under order 37 of the CPC.

(2.) It is the case in the plaint that the plaintiff has, from time to time, sold/supplied goods to the defendant No. 1 of which the other defendants are the partners.

(3.) The plaintiff is stated to have affected the sale on credit. The plaintiff claims to have raised the bills for the goods sold from time to time and the defendants are stated to have acknowledged the bills in token of having received delivery of goods, and made payments from time to time. As per the table set out in the plaint, the dates of the bills of goods sold and delivered by the plaintiff to the defendants is from 20th November, 1997 to 13th February, 1998. The table shows transactions thereafter also of issuance of cheques by the defendants to the plaintiff and issuance of a debit note by the plaintiff to the defendants of the goods returned by the defendants. It is further the case in the plaint that as per the agreement, the payment was to be made within 45 days of the bill. As per the aforesaid table, as on 13th February, 1998, i.e. till the date of the supplies, a sum of Rs.20,81,875/- was due from the defendants to the plaintiff; as on 18th August, 1998, a principal sum of Rs.14,24,352 was due and as on 9th August, 2001, after adding interest @24% per annum from July, 1998 to 9th August, 2001, a sum of Rs.24,75,607/- was shown due from the defendants to the plaintiff.