SALGUTI INDUSTRIES & ANR Vs. J P TEXTILES

JUDGEMENT

(1.) The present appeal has been preferred against the judgment/order dated 30th November, 2016 by which the suit of the Respondent/Plaintiff was decreed in the following terms:-

(2.) A suit for recovery was filed by the Plaintiff M/s J.P. Textiles (hereinafter "Plaintiff") against two Defendants, namely, Salguti Industries Ltd. (hereinafter "Defendant no.1") and Sh. Prabhu Dass, Manager, Marketing of Defendant no.1 (hereinafter Defendant no. 2). The transaction relates to supply of cotton yarn. According to the Plaintiff, the supplies were duly made but there is an outstanding payment of principal amount of Rs. 2,78,651/- which was not made by the Defendants. Accordingly, a suit for recovery was filed for both the principal amount and interest thereon.

(3.) In the written statement, the case of the Defendants was that the material supplied by the Plaintiff was defective and accordingly a debit note was issued by them to the Plaintiff. Further, it is the case of Defendants that they incurred a loss of over Euros 20,537 as the exported goods were rejected by Valman SPA who was the buyer. The Defendants submit that they have also filed an FIR in respect of the transaction being FIR No. 115/2016, PS, Chikkadapally, Distt. Hyderabad City under Section 406, 420, 506, 120B IPC. Counsel for the Defendants submits that a suit has also filed against the Plaintiff. However, details of the same have not been disclosed.