LAFARGE INDIA PRIVATE LIMITED Vs. JOHNSON ENTERPRISE LIMITED

JUDGEMENT

(1.) Heard Mr. Amit Laddha, learned Counsel for Mr. Hardik Modh, learned counsel for the petitioner. Though served by publication in the newspaper, no one appears for the respondent. Record shows that, even after such publication, the matter came to be listed for hearing nine times, however, the respondent has remained absent.

(2.) Learned counsel for the petitioner has taken this Court through factual matrix arising out of this petition, which are as under:-

(3.) The petitioner Company is engaged in the business of cement and ready mix concrete. The respondent after negotiation, placed purchase order dated 04.03.2013 for supply of 260 cub meter RMC OPC 43 Grade, M-25" Grade with a condition to pay the dues within a period of 30 days. It is further the case of the petitioner that, as per said purchase order dated 04.03.2013, the petitioner supplied ready mix concrete in various batches from 06.03.2014 to 12.03.2014 and raised delivery challan in respect of each delivery of materials. These delivery challans have been duly signed and acknowledged by the respondent which are also produced with this petition. The petitioner has relied upon the various invoices for the same and the respondent never objected with regard to the cost, quality and quantity of the materials supplied by the petitioner and over and above that, the same has been used by the respondent and in fact, have derived profit out of it. As the petitioner was having running account bills of the respondent, the respondent was allowed to pay lump sum payment instead of paying on invoices raised by the petitioner from time to time. Pursuant to the same, the respondent issued three cheques of Dena Bank amounting to Rs. 2,50,000/- each, bearing cheque Nos.468819, 468820 and 468821 dated 03.04.2014. However, at the request of the respondent, the same were not deposited by the petitioner. It is further case of the petitioner that the petitioner gave first reminder on 14.07.2014 informing the respondent that, an amount of Rs. 10,87,087/- was due and payable. As the same was not complied with, second reminder was given on 19.07.2014 calling upon the respondent to make the payment which was due and payable. Thereafter, again third reminder was given on 02.09.2014 and requested the respondent to clear all dues of the petitioner otherwise the petitioner will be constrained to initiate legal action upon the respondent.