JATIN KOTICHA Vs. VFC INDUSTRIES PVT LTD

JUDGEMENT

(1.) HEARD.

(2.) THIS is a Summary Suit for recovery of a sum of Rs. 4,39,585/- with further interest at the rate of 21% p. a. on the principal sum of Rs. 3,82,096/- from the date of filing of the suit till realisation and the costs.

(3.) THE plaintiff has filed suit for unpaid price of goods in the form of Impact modifier Kane Ace B-31. In pursuance of the purchase order placed by the defendants, the goods were delivered along with invoices, whose receipt is not disputed by the defendants. The suit is filed as a Summary suit on the basis that the invoices are in the form of a written contract as contemplated by Order XXXVII of the code of Civil Procedure. The goods were delivered as follows : <FRM>JUDGEMENT_155_BCR2_2008Html1.htm</FRM> According to the plaintiff the defendants are liable as follows : <FRM>JUDGEMENT_155_BCR2_2008Html2.htm</FRM> <FRM>JUDGEMENT_155_BCR2_2008Html3.htm</FRM> The plaintiff has filed the purchase order and the corresponding invoices and the delivery challan of the consignor for the aforesaid amount. The said documents are on record and are not in dispute. The original documents have been filed by the plaintiff along with the list of Documents, and the same are on record. At the foot of each of the invoice, the following terms and conditions are produced: