(1.) THE present appeal is directed against the judgment and decree dated 27. 02. 1997 passed in a suit for recovery of a sum of Rs. 1,56,519/- filed by the respondent, proprietorship firm (plaintiff in the court below) against the appellants (defendants in the court below), for the goods supplied to the appellants.
(2.) BRIEFLY stated, the facts of the case, as culled out from the RFA No. 193/1997 Page 1 of 9 plaint are that the respondent was dealing in all kinds of plastic raw materials and the appellants had dealings with the respondent as they were purchasing plastic raw materials from the respondent against payment as also on credit basis. The respondent averred that it was maintaining a regular account in respect of the purchases made from it and the account of the appellants showed a debit balance of Rs. 1,26,225/- as outstanding since 27. 01. 1995. The respondent claimed that despite repeated requests and assurances from the appellants, the latter did not clear the outstanding payment. It was further stated that appellant No. 1 issued a letter dated 12. 06. 1995 to the respondent stating inter alia that the outstanding payments which could not be cleared on time due to liquidity crisis would be cleared soon. Thereafter, even a fax message is stated to have been forwarded by the appellants to the respondent assuring it that the balance amount would be released on 20. 08. 1995 but despite the said assurance, payments were not released by the appellants. As a result, the respondent served a legal notice dated 11. 09. 1995 upon the appellants by Registered AD Post as also under Postal certificate, followed by institution of a suit for recovery of Rs. 1,56,519/-from the appellants alongwith pendente lite and future interest @ 24% per annum from 27. 01. 1995 till realization.
(3.) THE aforesaid suit was contested by the appellants, who filed a written statement. In the written statement, it was admitted that the appellants had dealings with the respondent and were purchasing material from it against payment as well as on credit. However, the correctness of the accounts maintained by the respondent was disputed. It was denied that a sum of Rs. 1,26,225/- was due or outstanding against them. The receipt of the legal notice dated 11. 09. 1995 was also denied by the appellants.