JOLLY CONSTRUCTIONS Vs. STEPHAN BERNARD CONSTRUCTION CO

JUDGEMENT

(1.) Heard submission at the bar. Perused the affidavits on the record.

(2.) The suit is filed by a registered partnership firm dealing in construction as sub-contractor. According to the plaintiffs, the defendants had invited offers for construction of project Royal Palms (I) Private Limited to construct Mastermind II & III projects at Goregaon (East), Mumbai. As the defendants were awarded contract from M/s. National Buildings Construction Corporation Limited and also from Royal Palms, a letter dated 9-4-2004 was sent by the defendants to the plaintiffs. According to the plaintiffs, balance sum of Rs.22,51,670/- is payable to the plaintiffs by the defendants pursuant to the statement which is prepared and signed by both the parties (vide Exhibit-B to the plaint). It is further contended that two cheques were issued by the defendants i.e., cheque bearing No.032166 for a sum of Rs.2,00,000/- and cheque No.005432, dated 5-4-2005, for a sum of Rs. 20,51,670/-. Both the cheques were dishonoured for the reason insufficient fund and thus, according to the plaintiffs, the suit was instituted to recover the liquidated sum.

(3.) The defendants have opposed the claim of the plaintiffs on the ground that the plaintiffs have suppressed true facts by conveniently annexing document, the copy of which is unfounded by the plaintiffs to support the suit claim. According to the learned counsel for the defendants, as copy of document is annexed as Exhibit-I to the affidavit in reply, the plaintiffs had already acknowledged receiving cash amount of Rs.22,51,670/- on 17-2-2005 as full and final settlement. Therefore, there was no question of issuing cheques again for the same amounts which were allegedly due. Further more, the plaintiffs, as a natural course of action, would have prosecuted the defendants if the cheques were dishonoured. Therefore, it is contended that the suit claim is false and frivolous and the summons for judgment ought to be dismissed by granting unconditional leave to defend the suit.