MOHAMMED RAIS Vs. ABHI PACKAGING

JUDGEMENT

(1.) A suit for recovery of Rs.11,21,975/- was filed by M/s. Abhi Packaging (Respondent/Plaintiff) against M/s. Zen International (Appellant/Defendant). The brief case of the Plaintiff is that it used to supply the packaging material to the Defendant and regular accounts were being maintained to show the transactions between the Plaintiff and the Defendant. For the financial year 2010-11, an amount of Rs.7,28,555/- was outstanding but the Defendant failed to make the payment. The total amount of supplies made were to the tune of Rs.10,15,271/-, out of which some part payments were made and the outstanding amount was to the tune of Rs.7,28,555/-. The details of the bills raised are contained in paragraph 6 of the plaint, which are as under:

(2.) The details of the payments received are contained in paragraph 7 of the plaint, which are as under:

(3.) It is the Plaintiff's case that despite several reminders the amounts were not paid. According to the Plaintiff, the statement of account for the year 2010-11, in fact, is admitted by the Defendant by email dated 29th February, 2012. In respect of two amounts, the Defendant claimed that he had not received the bills/supplies. Out of the total payment to the tune of Rs.7,28,555/-, the Defendant admitted in the email dated 29th February, 2012, liability to the extent of Rs.4,53,555/-.