SANJAY MEHRA Vs. KORES INDIA LTD

JUDGEMENT

(1.) On 3rd January, 2018 the present appeal was called and none appeared for the parties. The matter is being called again today. None appears for the parties. On 7th August, 2007, the stay application was dismissed as the Appellant had submitted that he was not in a position to make any deposit.

(2.) The present appeal arises out of judgment/decree dated 12th December, 2006. The suit filed by the Respondent/Plaintiff (hereinafter, 'Plaintiff') is for recovery of Rs.11,59,381.44. The Plaintiff, a Manufacturer of stationery products claimed that it had supplied goods to the Appellant/Defendant (hereinafter, 'Defendant') and a running account was maintained between the parties. The supplies made during the year 1991-92 and 1992-93 are the subject matter of the present appeal.

(3.) It is the case of the Plaintiff that though the payments for purchases were made, the ST-1 forms were not submitted despite repeated requests. In view of the non-submission of ST-I forms, the Plaintiff was forced to deposit a sum of Rs.3,90,150/- and Rs.6,45,012/- with the Sales Tax Authorities (hereinafter, 'Authorities') for the years 1991-92 and 1992-93, respectively. It is this amount that the Plaintiff seeks recovery of from the Defendant.