K PRASAD Vs. ROOP OIL TRADERS

JUDGEMENT

(1.) The respondent filed O.S. No. 691 of 2008 against the appellants in the Court of the XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad for recovery of a sum of Rs. 12,29,091/-. The suit was decreed on 26.11.2012. Hence, this appeal. For the sake of convenience, the parties are referred to as arrayed in the suit.

(2.) The plaintiff is a wholesale dealer in edible oils. It was pleaded that Sri K. Ramakrishna, son of defendants 1 and 2 and brother of defendants 3 and 4, were doing business in the name of Annapurna Traders at Shalivahana Nagar, Dilsukhnagar and as part of his activity, Ramakrishna used to purchase the oils of different brands and categories from the plaintiff. According to the plaintiff, Ramakrishna purchased oils in different quantities between 10.01.2008 and 28.03.2008 and though cheques were issued covering the cost of the oils supplied by it, a sum of Rs. 11,33,256/- remained unpaid. The details of cheques and the manner in which they were presented and returned were furnished extensively.

(3.) The defendants filed a written statement opposing the suit. According to them, Ramakrishna used to purchase the oils by paying cash and that the blank cheques obtained from him were presented by the plaintiff as though they were issued towards the cost of the oil purchased from it. They disputed the nature of transactions pleaded by the plaintiff. The trial Court decreed the suit.