VIDEOCON INDUSTRIES LTD Vs. RAJESH KUMAR KEDIA

JUDGEMENT

(1.) Rule, returnable forthwith. By consent of the parties, taken up for final hearing. The background facts of the case, as narrated in the revision application, are as under:

(2.) It is the case of the plaintiff/petitioner that the defendant/respondent opened account with Ranchi Branch of plaintiff company and purchased goods from petitioner company from time to time. On 15th September, 2007, the accounts were settled between the plaintiff and defendant and it was found that a sum of Rs. 40,91,611 was due and payable by the defendant to the petitioner/company. Therefore, the plaintiff has filed Special Civil Suit No. 94 of 2008 against the defendant for recovery of the amount.

(3.) It is the case of the petitioner that the defendant is the proprietor of the firm M/s. Kedia Enterprises and the respondent is carrying on business of the said firm and looking the day to day affairs of the firm and, therefore, he is liable to pay the due amount to the plaintiff/company.