R SHANMUGAM Vs. FERTILISERS AND CHEMICALS THIRUVANGUR LTD

JUDGEMENT

(1.) The defendant in O.S.No.72 of 2004 on the file of the Principal District Court, Vellore is the appellant. The suit in OS.No.72 of 2004 was filed by the plaintiff seeking recovery of a sum of Rs.7,08,425/- with future interest at 17% per annum from the date of plaint till the date of decree and thereafter also since the transaction is a Commercial Transaction.

(2.) The plaintiff is a manufacturer of fertilizers. It is a Government of India under taking. According to the plaintiff the defendant was a dealer of fertilizers at Banavaram in Vellore District. On 31.01.2001, the defendant had requested for supply of various quantities fertilizer under Ex.A1. The said Ex.A1 also states that the delivery of the fertilizers ordered by the defendant may be delivered to his son namely Madhavan. Pursuant to Ex.A1, the plaintiff had delivered various quantities of fertilizers under invoices dated 31.01.2001 marked as Exs. A2, A3 and A4. It is also claimed that the goods were received by the son of the defendant. The delivery challans have been filed as Exs.A5, A6 and A7. Since the defendant did not come forward to pay the value of the fertilizer supplied the plaintiff has demanded payment by letter dated 16.11.2001. The defendant has sent a reply on 26.11.2001 denying the fact that he had ordered fertilizers as claimed by the plaintiff and that they were supplied. In view of the said reply the plaintiff was forced to file the above suit for recovery of the amounts due.

(3.) The defendant resisted the suit contending that he never placed any order under Ex.A1. According to him Ex.A1 has been created using his signatures which were made even in the year 1997. The defendant would further plead that as early as on 24.02.2000, he had stopped the business and revoked the bank guarantee he had furnished to the plaintiff. The entire claim of the defendant is that there was no orders for the supply of the fertilizers made by him and the same were not supplied to him.