HITESH LAKHAMSHI SHAH Vs. PRADIP CHINUBHAI SHAH

JUDGEMENT

(1.) By this Summons for Judgment, the Plaintiff seeks that Judgment be entered in the suit against the Defendants and they be ordered and decreed to pay to the Plaintiff a sum of Rs.1,92,113/ togetherwith further interest on the principal amount of Rs.1,60,000/.

(2.) The suit is based on an invoice, delivery challan and dishonoured cheque. According to the Plaintiff, pursuant to the order placed by the Defendants, the Plaintiff had sold, supplied and delivered the Duplex Coated Board Sheets worth Rs.1,60,000/. The Defendants accepted the delivery of the goods under invoice bearing No. 2113 dated 23 rd September, 2008 and signed delivery challan. It is the case of the Plaintiff that the Defendants issued a cheque of Rs.10,000/ towards part payment in respect of the said goods. Upon deposit of the cheque of Rs. 10,000/, the same was returned with the remark "Insufficient Fund". The Plaintiff thereafter addressed a letter calling upon the Defendants to pay the amount as per Invoice No. 2113 followed by legal notice dated 23 rd April, 2009. In response to the said legal notice, the Defendants through their advocate's reply dated 13 th May, 2009 denied the claim. It is the contention of the Defendants that five cheques were issued by the Defendant No.1 which were dated 5 th September, 2003, 23 rd September, 2003, 23 rd October, 2003, 23 rd November, 2003 and 23 rd December, 2003 and bearing Nos. 095031 to 095035 in respect of the earlier transaction between the parties which took place in the month of September 2003. Out of the said five cheques, cheque Nos. 095031 and 095032 were encahsed. According to the Defendants, the remaining three cheques were not returned by the Plaintiff though dispute in respect of the earlier transaction came to be settled between the parties. The Plaintiff by his advocate's letter dated 2 nd June, 2009 reiterated its demand but not disputed that cheques dated 5 th September, 2009 and 23 rd September, 2003 were encashed in 2003 in respect of the transaction held in September 2003.

(3.) The Defendants have filed affidavit in reply.