LAWS(KER)-2010-1-17

SAJAN VARGHESE Vs. KSEDC LTD

Decided On January 12, 2010
SAJAN VARGHESE Appellant
V/S
K.S.E.D.C.LTD. Respondents

JUDGEMENT

(1.) The defendant in O.S.No.142 of 1994 on the file of the Principal Sub Court, Thiruvananthapuram is the appellant. The appeal is directed against the judgment and decree dated 30-6-1999. The plaintiff Kerala State Electronic Development Corporation Ltd., filed the suit for recovery of Rs.87,364 together with interest at 20% due from the defendant. The court below decreed the suit allowing the plaintiff to recover the sum of Rs.87,364 with interest at 12%. Aggrieved by the decree and judgment, the defendant had preferred this appeal. Parties hereinafter referred to as plaintiff and defendant.

(2.) The suit is for recovery of the price of the goods purchased by the defendant. The defendant had purchased 50 colour T.V. Sets from the plaintiff as per invoice Nos.102189-102194 dated 27-12-1989. The defendant had availed credit purchase facility for Rs.5,24,475. The defendant also purchased one sterio tape recorder for Rs.1,725 and a Black and White T.V. Set worth Rs.2,300. It is pleaded that the defendant has been making part payment on various dates till 26-2-1992. The suit was filed for the outstanding balance.

(3.) Trie suit is mainly untested on me question of bar of limitation.