BHIKAM CHAND DUDHERIA Vs. PRAN GOPAL SAHA

JUDGEMENT

(1.) The plaintiff is a proprietorship firm and dealing in business of cloth and dress materials. The defendant is also a proprietorship firm and carrying on business of cloth and dress materials. In the year 2013 the defendant approached the plaintiff for supply of clothes and dress materials to the defendant for sale and undertook to make payment within a period of 15 - 20 days from the date of receiving the goods. The plaintiff supplied clothes and dress materials to the defendant as per the order placed by the defendant from the year 2013 till the month of October, 2014. The plaintiff raised several invoices upon the defendant on account of the goods supplied by the plaintiff and the last invoice was raised on May 30, 2014 and the supply was also made on May 30, 2014. The defendant delayed payment on various pretexts and ultimately issued cheques in favour of the plaintiff for an amount of Rs.1,51,064/- in the month of February, 2015 and March, 2015. The defendant also issued cheques in favour of the plaintiff for a sum of Rs.1 lakh in the month of August, 2015, but all those cheques were dishonoured on presentation in the bank. The defendant, thus, defaulted in making payment to the tune of Rs.16,30,292/- to the plaintiff till November 27, 2014. The plaintiff sent one letter to the defendant on September 7, 2015 calling upon the defendant to make payment of outstanding dues to the tune of Rs.16,30,292/- and stopped supply of further clothes and dress materials to the defendant. The plaintiff has instituted the suit for a decree for a sum of Rs.16,30,292/- along with interest @ 18% per annum from the defendant.

(2.) It appears from the certificate issued by the Deputy Sheriff on January 29, 2016 that the summons was duly served on the defendant by speed post. Nothing is on record to indicate that the defendant has entered appearance in the suit after service of summons on January 11, 2016. Accordingly, the suit has been taken up for hearing as undefended suit .

(3.) The only point for consideration of the court is whether the plaintiff is entitled to get the decree as prayed for.