BOMBAY TRADING CO Vs. JAI SANTOSHI MAA ENTERPRISES

JUDGEMENT

(1.) By this Summons for Judgment, the Plaintiff seeks that judgment be entered for the Plaintiff in this suit against the Defendant for Rs.11,32,569.54 and for interest and costs.

(2.) The suit is based on an invoice dated 26 th January, 2008. The Plaintiff is registered partnership firm and carries on business of manufacturing of Ayurvedic products under the head of "Noorani Tel (Oil)". It is the case of the Plaintiff that vide invoice dated 26 th January, 2008, the Plaintiff supplied a bulk of quantity of Noorani Tel (Oil), an Ayurvedic product to the Defendant for a sum of Rs. 6,99,117/-. The said goods were delivered to the Defendant. The Defendant received the invoice. There is no dispute that in respect of the earlier transaction held between the Plaintiff and the Defendant, payment has been already made by the Defendant to the Plaintiff.

(3.) It is the case of the Plaintiff that since Defendant did not make payment in respect of invoice dated 26 th January, 2008, the Plaintiff through his advocate's notice dated 16 th July, 2008 called upon the Defendant to pay a sum of Rs. 7,74,966/- with interest at the rate of 24% per annum. The Defendant received that notice but did not give any reply nor made payment to the Plaintiff. The Defendant contacted a partner of the Plaintiff and requested for some discount and for some time for making the payment. The Plaintiff therefore filed this suit for recovery of Rs.11,32,569.54 with further interest at the rate of 24% per annum and cost.