GOA OPTOLAB P LTD Vs. NARESH GUPTA

JUDGEMENT

(1.) Present appeal arises out of the impugned judgment and order dated 22nd December, 2006 by which the suit filed by the Respondent/Plaintiff (hereinafter 'Plaintiff') has been decreed for the sum of Rs.20,00,000/- along with pendente lite and future interest @ 9% per annum. Plaintiff's Case

(2.) Plaintiff is in the business of optical goods under the name of M/s. Naresh Optics at 214/2, Kandlekashan Street, Fatehpuri, Delhi. Shri Naresh Gupta is the proprietor of the firm M/s. Naresh Optics. It is the Plaintiff's case that the supplies were made by the Plaintiff to the Appellant/Defendant (hereinafter 'Defendant'). The Plaintiff claimed that the total amount due from the Defendant is Rs.39,16,534/-, i.e., vide Bill No. 3565 dated 23rd September, 2004 for a sum of Rs.4,88,034/- and Bill No. 003 dated 28th June, 2005 for a sum of Rs.34,28,500/-. It is an admitted position that out of the total amount due, the Defendant made payment of Rs.22,67,552/- and the balance amount payable was Rs.16,48,982/-. Accordingly the Plaintiff claimed a total sum of Rs.22,52,103/- calculated as under:

(3.) In the written statement, the Defendant has challenged the jurisdiction of the Delhi Courts on the ground that the order was telephonically placed, supply was made in Goa and hence the Courts in Delhi do not have jurisdiction. On merits, it is the case of the Defendant that the Defendant had been making timely payments of the supplies and even of the final bill for Rs.34,28,500/-. The invoice was originally issued on 16th April, 2005 whereas another fresh bill was issued on 28th June, 2005. The primary contention being that in the original invoice for Rs.34,28,500/- being Ex.DW-1/1, the address of Defendant was shown as Goa, whereas in the new bill dated 28th June, 2005 (Ex.PW-1/1), the address of the Defendant was shown as Delhi. Be that as it may, the amount of invoice i.e. Rs.34,28,500/- remained the same.