KARASHAKA ENTERPRISES Vs. SRI GANESH TRADERS

JUDGEMENT

(1.) THE appellant filed O.S.No.7 of 2005 against the respondents in the Court of Senior Civil Judge, Parchur, for recovery of a sum of Rs.1,46,996/-. THE amount is said to be balance due under a Khatha maintained by the appellant, regarding purchases made by the respondents, and the interest thereon. It was pleaded that the appellant is a trader in Pesticides and the respondents used to purchase goods from them, from time to time, on regular basis. It was also stated that any amount due, would carry interest at 24% per annum. THE respondents are said to have purchased various items of pesticides under credit bills, during 1998-99, and that as on 03-02-1999, a sum of Rs.37,352/- remained unpaid. As against that, they are said to have paid a sum of Rs.500/- on 20-04-2000, and Rs.50/-, on 20-03-2002. It was alleged that in spite of repeated demands, the respondents did not pay the balance and an amount of Rs.1,46,996/-, became due by 18-03-2005.

(2.) THE 2nd respondent, being the proprietor of the 1st respondent firm, filed a written-statement. He stated that the firm was closed six years before the date of filing of the suit, and that he is not doing any business at all. He pleaded that he had no acquaintance with the appellant or its Managing Director, and that never any khatha was maintained with them. He disputed the truth and legality of the bills and accounts said to have been maintained by the appellant. Other related pleas were also raised. THE trial Court dismissed the suit through judgment dated 22-10-2007.

(3.) THE appellant laid its claim against the respondents on the basis of the accounts maintained by it. THE respondents flatly denied any transaction with the appellant. THE trial Court framed the following issues for its consideration: 1. "Whether the plaintiff is entitled for the suit amount as prayed for? 2. Whether the defendant authorized Guravaiah to take pesticides from the plaintiff's shop on credit basis? 3. Whether the bills dated 10-12-1998, 23-3-2001 and 26-3-2002 are true and valid"?