PHOENIX INTERNATIONAL LTD Vs. DHAMPUR POLYMERS PVT LTD

JUDGEMENT

(1.) This Regular First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 28.02.2007 by which the trial court has decreed the suit filed by the respondent/plaintiff for an amount of Rs. 15,23,093.00 (suit amount) along with interest at 10% per annum.

(2.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that it supplied polythene bags and packing material to the appellant/defendant. It was pleaded by the respondent/plaintiff that as on 14.08.2001, there was a debit balance of Rs. 10,37,389.00 due against the appellant/defendant. It was pleaded that the appellant/defendant had issued necessary C-Forms of the Central Sales Tax with respect to the respective invoices/bills under which supplies were made. The subject suit was filed claiming the balance as per the statement of account of Rs. 10,37,389.00, and to which interest was added, to claim the suit amount of Rs. 15,23,093.00.

(3.) The appellant/defendant contested the suit by filing written statement. Receipt of the material was not denied. Two main defences were raised by the appellant/defendant. Firstly, that three payments of Rs. 50,000.00 each were made by the appellant/defendant to the respondent /plaintiff in terms of the cheque nos. 056236, 057728 and 057729 have not been accounted by the respondent/plaintiff. These cheques according to the appellant/ defendant were credited in the bank account of the respondent/plaintiff on 13.11.2000, 05.12.2000 and 12.12.2000. Consequently, the amount claimed which was of Rs. 10,37,389.00, was denied. Secondly, it was pleaded by the appellant/defendant that on account of the supply of defective goods, the appellant/defendant had raised debit notes, and therefore, the respondent/plaintiff is not entitled to the suit amount.