SANTHI ENTERPRISES Vs. TEXMACO LIMITED CEMENT DIVISION

JUDGEMENT

(1.) Heard the learned Counsel for the appellant. None appears for the respondent even after service of notice. The appellant is the defendant and the respondent is the plaintiff in the suit. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit.

(2.) The appeal is filed by the defendant aggrieved by the judgment, dated 27-3-1999, in O.S. No.59/91, on the file of the Senior Civil Judge, Proddatur, in decreeing the suit for a sum of Rs.73,466/- with costs and future interest.

(3.) It is the case of the plaintiff, that the plaintiff is the supplier of cement. The defendant is the stockist. The plaintiff had been supplying the cement to the defendant and the defendant has been making the payments periodically for the said supply either by cheques or by Demand Drafts. The last consignment was sent on 30-4-1987 under invoice No.305/60 MTF for value of Rs.74,928/-. The defendant did not make further payments subsequent to the payment of Rs.13,578/- by Demand Draft No.200564 dated 24-9-1988 drawn on the District Co-operative Central Bank, Cuddapah which was received by the plaintiff on 26-9-1988 as per Ex.A-7. It is stated that the said amount was given credit to the defendant's account. In spite of repeated demands, the defendant did not pay the said amount and therefore the plaintiff issued a notice dated 7-5-1991 under Ex.A-3 to the defendant, but the defendant did not pay the same. It is further stated that the defendant purchased banker's cheque dated 28-12-1985 for Rs.13,600/- which is marked as Ex.X-1 from Tirupathi Co-operative Central Bank Limited and sent to the plaintiff, and the plaintiff presented the same in State Bank of India, Yerraguntla, but the same was not cleared for the reasons not known to the plaintiff. The plaintiff brought it to the notice of the defendant and demanded for payment of the same. The plaintiff also wrote letter to the Manager, District Co-operative Central Bank Limited, Cuddapah on 25-8-1988, which is marked as Ex.A-4. The Bank Manager sent the bounced cheque to the Tirupathi Co-operative Central Bank Limited, Tirupathi regarding the acknowledgement for the receipt of the same. On demand of the plaintiff, the bank issued D.D. bearing No.200564 dated 24-9-1988 which was given credit to the account of the defendant. Therefore, it is the case of the plaintiff that the suit is filed within 3 years from 24-9-1988 i.e. the date of last payment and therefore the plaintiff is entitled for recovery of the suit amount.