DURHAM CARELINE INDIA PVT. LTD Vs. STUDIO LINE

JUDGEMENT

(1.) THE plaintiff has filed this suit against the defendants for recovery of Rs.20,57,350.00. The suit was filed on 18.12.2003. The defendants have filed an application being IA No.10765/2007 for dismissal of the suit being barred by limitation.

(2.) HEARD .

(3.) THE plaintiff wanted furniture to renovate its restaurant at London. The defendants are stated to be manufacturer of furniture in India. The plaintiff in order to renovate its restaurant at London placed purchase order on the defendants for purchase of some furniture. The purchase order was placed in November, 1999. The terms and conditions of supply of furniture by the defendants to the plaintiff were reduced in writing and are contained in document annexed as Annexure-A at page 20 of the paper book. The furniture was supplied by the defendants as per order contained in the purchase order of November, 1999. The defendants raised a bill being Bill No.265 dated 3.3.2000 for Rs.12,94,200.00 which the plaintiff is stated to have paid and cleared to the tune of Rs.12,32,350.00 after retaining the amount equivalent to 5% retention amount in terms of the purchase order. The said payment was made by the plaintiff to the defendants on 10.3.2000. The defendants thereafter sent legal notices dated 5.7.2002 and 10.07.2002 asking it to give ST-49 forms or in the alternative to pay Rs.1,49,634.00 on account of sales tax liability in respect of furniture supplied to the plaintiff. Since neither ST-49 forms were given by the plaintiff nor amount of Rs.1,49,634.00 asked for on account of sales tax liability was given, the defendants filed a recovery suit for recovery of Rs.1,49,634.00 against the plaintiff under Order XXXVII CPC and that suit of the defendants filed against the plaintiff is stated to be pending before the Civil Judge, Delhi.