SHIVAJI AGENCY Vs. THE COLLECTOR, PURI

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for realisation of Rs. 24,913.98 paise with interest and cost.

(2.) Case of plaintiff is that it supplied machinery and spare-parts to defendants which were received by defendant No. 3. A sum of Rs. 13,458.24 paise remained unpaid for which repeated requests were made and defendant No. 2 was deferring payment on the plea of paucity of funds. Ultimately after issue of notice under Sec. 80 C.P.C., the suit had been filed.

(3.) Case of defendants is that defendant No. 2 had already cleared up the dues by sending two cheques dated 20th Sept., 1988 amounting toRs. 13,458.24 paise and in absence of any terms and conditions for such supply they were not liable to pay any interest. Plaintiff examined the managing partner as P.W. 1 and produced three documents which are the notice under Sec. 80 C.P.C. sent in 1987, reply to a demand dated 22.2.1988. On behalf of defendants no witness was examined nor was any document produced. On consideration of the materials, trial court decreed the suit in part to pay a sum of Rs. 13,523.98 paise out of which Rs. 13,458.24 paise is to be adjusted which was paid by cheque dated 20th Sept., 1988. This is grievance of the plaintiff.