RINKI PLASTICS PRIVATE LIMITED Vs. YESHPAL AJITSARIA

JUDGEMENT

(1.) The instant suit is on account of unpaid price for goods sold and delivered by the plaintiff to the defendant. The plaintiff has claimed a decree for a sum of Rs. 3,59,43,670/- together with interim interest and interest upon judgment at 18% per annum from 8th November 2015 till repayment.

(2.) The case made out in the plaint is that the plaintiff is engaged in the business of manufacture and sale of PVC pipes and fittings and has acquired a substantial goodwill in this line of business. The defendant approached the plaintiff requiring various types of PVC pipes and fittings and placed orders on the plaintiff for supply of several quantities of the aforesaid goods of required specifications. The plaintiff caused the goods of the specifications as given by the defendant and delivered the same to the defendant for a total amount of Rs. 7,58,66,526/- between 31st May 2013 and 1st April 2014. The plaintiff raised invoices/bills in respect of the goods supplied on the defendant and also issued challans for receipt of goods as delivered by the plaintiff and received by the defendant. The goods were supplied to the defendant within the jurisdiction of this court and were accepted and duly received by the defendant by signing the respective challans.

(3.) The defendant received the goods supplied by the plaintiff without any demur or protest but failed and neglected to pay the amount raised under the invoices despite repeated requests. The arrangement for payment under the transaction was maintained by way of a mutual open current running and continuous account where payments received on ad hoc basis from the defendant were given due credit without reference to any particular invoice and the amount was debited from the account for the payments made. The total amount of goods sold and delivered by the plaintiff to the defendant between 31st May 2013 and 1st March 2014 amounted to Rs. 7,58,66,526/- (Rupees Seven Crores Fifty Eight Lakhs Sixty Six Thousand Five Hundred and Twenty Six). The total payments made by the defendant for such goods sold and delivered between 10th June 2013 and 7th November 2015 including turn over discount amounted to Rs. 6,18,69,744/- (Rupees Six Crores Eighteen Lakhs Sixty Nine Thousand Seven Hundred and Forty Four) which would be evident from the plaintiff's ledger maintained for the purpose of the transaction between the plaintiff and the defendant. a sum of Rs. 1,39,96,782/- is thus due and payable by the defendant to the plaintiff and is the decretal amount claimed in the suit. The plaintiff caused a notice issued through its advocate to the defendant on 31st August 2016 calling upon the defendant to pay the outstanding dues with interest.