VINOD KUMAR Vs. KAY INTERNATIONAL LTD & ORS

JUDGEMENT

(1.) The present appeal arises out of judgment and decree dated 6th October, 2016 by which the suit filed by the Appellant for recovery of an amount of Rs.99,72,736/- against the Defendant/Respondent was dismissed.

(2.) The brief background is that the Plaintiff claims to have been supplying to the Defendant wood and timber packing materials as per the purchase orders placed by the Defendant. Parties were maintaining a running account in respect of the sale transactions. According to the Plaintiff, as on 30th September, 2015, an outstanding Rs.82,52,120/- was to be paid by the Defendant which the Defendant failed to pay. The Plaintiff states that several telephonic demands and personal visits were made to the Defendant requesting that payment be made, however, the same was not done. The Plaintiff was then constrained to issue a legal notice dated 13th October, 2015 but payment was not made despite the receipt of the said notice. The present suit came to be filed seeking the following reliefs.

(3.) Summons was issued in the suit on 24th November, 2015. On 17th March, 2016 the following order was passed.