LIUGONG INDIA PVT LTD Vs. YOGRAJ INFRASTRUCTURE LTD

JUDGEMENT

(1.) The plaintiff has instituted this suit for recovery of principal amount of Rs.1,03,50,000/-, being the unpaid price of the machinery supplied by the plaintiff to the defendant no.1 and of which defendants no.2 to 4 namely Yogendra Singh, Ritu Singh and Ram Lal Jharia are described in the memo of parties and in the plaint as Directors. The plaintiff, in accordance with the clause on the invoices raised on the defendant no.1, has also claimed interest @ 24% per annum for the period prior to the institution of the suit, from the date of the invoices till the date of institution of the suit. Hence the suit for recovery of Rs.1,56,48,380/- with future interest and costs.

(2.) Only the defendants no.1 to 3 contested the suit by filing a written statement and to which a replication was filed by the plaintiff. None appeared for defendant no.4 Ram Lal Jharia. The counsels, on enquiry state that the defendant no.4 was sought to be served at the address of the defendant no.1 only and the defendant no.1 has filed an affidavit to the effect that the defendant no.4 ceased to be a Director of the defendant no.1 in the year 2007 i.e. much prior to the dates when the transaction subject matter of the suit took place. The counsels on further enquiry also state that there is no order proceeding ex parte against the defendant no.4 till now.

(3.) On the pleadings of the plaintiff and the defendants no.1 to 3, the following issues were framed in the suit on 22nd July, 2014:-