VINOD PRAKASH JOSHI Vs. NIRMALA DEVI

JUDGEMENT

(1.) Rfa 383/2017 &CM APPLs. 14644/2017 (Stay), 1011/2018 (for withdrawal of amount )

(2.) The Plaintiff is the proprietor of the M/s Upkar Steel Traders which was engaged in the business of iron and steel. It was stated that the Plaintiff supplied material i.e., iron and steel plates to the Defendant as per his requirements, and would, from time to time, issue invoices to the Defendant in respect of the material supplied. As per the statement of accounts maintained by the Plaintiff, it was alleged that the Defendant was liable to pay a sum of Rs.5,90,178/- to her for supply of the material. To prove her case, the Plaintiff has produced 19 invoices raised by her as also the statement of accounts maintained by her in the period during which she was doing business with the Defendant.

(3.) That on 1st December, 2012, the Plaintiff had sent a legal notice to the Defendant demanding payment of the amount due within a period of seven days. It was alleged that the Defendant neither replied, nor complied with the said notice. The Plaintiff, thereafter, filed Suit No. 613958/2016 for recovery of sum of Rs.5,90,178/- against the Defendant alongwith pendente lite and future interest and costs.