V.K. ENTERPRISES THROUGH ITS PROPRIETOR SHRI PYARE LAL Vs. SHIVA STEELS THROUGH ITS PROPRIETOR MR. JOGESH BANSAL

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging the judgment dated 30th September, 2008 passed by Additional District Judge, Delhi, vide which appellant's leave to defend application, was dismissed and suit of respondent, was decreed for Rs. 6,68,513/ - together with costs and interest pendente lite and future @ 6% per annum.

(2.) FACTS in brief are that respondent who is the sole proprietor of his firm, was having business transactions with the appellant. Appellant had been purchasing iron sheets on credit basis from the respondent. A sum of Rs. 4,42,724/ - became due and appellant settled the accounts and acknowledged the liability of this amount. Respondent approached appellant several times and asked him to pay the amount. Appellant issued a cheque for sum of Rs. 3,50,000/ - dated 11th October, 2006, towards part payment, which was signed by Sh. Pyare Lal, the sole proprietor of the appellant's firm. On presentation the same was dishonoured. A legal notice was sent. Since appellant failed to pay this amount, respondent filed the present suit under Order 37 Rules 1 & 2 of the Code of Civil Procedure ('for short as 'Code').

(3.) IT had been admitted by the appellant that he had been purchasing iron sheets from respondent. Last payment was made to the respondent for Rs. 25,000/ - vide cheque, dated 27th September, 2004. The appellant owed only Rs. 1,18,230/ - on 27th September, 2004 and the issues raised are genuine and triable.