KHANNA Vs. A. TOSH AND SONS INDIA LTD.

JUDGEMENT

(1.) THIS appeal is filed by the defendant in O.S. No. 90 of 1993 on the file of the Additional Subordinate Judge's Court, Kochi. The suit was filed by the respondent for realisation of Rs. 30,23,715.18 from the defendant with interest at 25%. The averments in the plaint are as follows:

(2.) PLAINTIFF is Public Limited Company, registered under the India Companies Act, having its registered office at Calcutta. One of its Branches is at Wellington Island. The defendant is also a partnership Firm having its registered office at New Delhi.

(3.) A reply was given by the defendant directing the plaintiff to sent certain documents. On that basis, the plaintiff sent certain documents, which were required for clearing the goods. The plaintiff sent three invoices and the other documents pertaining to the above transaction to the defendant. Subsequently, the defendant paid Rs. 79,14,798.69 in full settlement of the first two bills. In relation to the third bill for an amount of Rs. 1,93,89,900.18, the defendant had paid only an amount of Rs. 1,30,00,000.18. The plaintiff sent another letter and thereafter, the defendant paid Rs. 10,00,000/ - on 12.5.1992. The suit is filed for the balance amount of Rs. 30,23,715.18.