M.R.F. LIMITED Vs. PUNJAB TYRES

JUDGEMENT

(1.) This is a suit for recovery of Rs. 1,19,144.71p. including interest on account of goods sold and delivered but not fully paid.

(2.) Plaintiff is a limited company carrying on business of manufacture and sale of various types of Tyres, Tubes, Flaps etc. having various Sales Offices in different parts of India including one at Calcutta. The Defendant is a proprietary concern dealing with sales of types, tubes, flaps etc. It is the Plaintiff's case that in pursuance of verbal orders placed by the Defendant from time to time, the Plaintiff sold and delivered to the Defendant tyres, tubes and flaps during the period of 1980 -81 for a total value of Rs. 4,07,090.38p. The Plaintiff also raised its Bills for the said supplies from time to time which were duly accepted by the Defendant without raising any objection. Out of the total sum of Rs. 4,07,090.38p. against supply of tyres etc. by the Plaintiff to the Defendant a sum of Rs. 1,91,094.86p. was paid by the Defendant from time to time.

(3.) The sum of Rs. 77,000.00 under R.C.S. Scheme as deposited by the Defendant under the terms of supply has been adjusted against the said outstanding dues of the Defendant by the Plaintiff and the balance sum of Rs. 1,38,995.52p. was due and payable by the Defendant to the Plaintiff. The Plaintiff served a notice of demand dated February 23, 1982 under registered post with acknowledgement due through its Advocate to the Defendant demanding payment of the said sum of Rs. 1,38,995.52p. mentioning therein that in case of failure in making such payment, appropriate legal steps would be taken by the Plaintiff against the Defendant for recovery of its lawful dues.