RUKMANAND AJITSARIA Vs. USHA SALES PRIVATE LTD.

JUDGEMENT

(1.) (Oral)- The plaintiff-respondent filed the suit for recovery of sum of Rs. 9255.47 with interest @ 6 % per annum. The suit was decreed by both the Courts below and hence the appeal.

(2.) The plaintiff was a Private Limited Company having Regional Office at Guwahati and acted as a sole selling agent of fans etc. manufactured by M/S Jay Engineering Works Limited of Calcutta. The defendant was the proprietor of M/S. H.B. Electric Stores at Fancy Bazar. There is no dispute that the defendant used to purchase goods from the plaintiff on credit from time to time. According to the plaintiff in the year of 1963 and 1964 the defendant purchased goods from the plaintiff amounting to Rs. 46,021.99 p. on credit. Plaintiff issued challans for the sales and also submitted bills on the basis of the challans and defendant made payments on different dates and also returned some articles. As the defendant did not pay a sum of Rs. 9,255 47 p. in spite of demand the suit was filed.

(3.) According to the defendant he did not purchase goods covered by challan No. 4374 dated 28.2.63 amounting to Rs. 12,536.25 p. Defendant has alleged that the plaintiff has forged both the challan and the corresponding bill. According to the defendant he took goods worth Rs. 33,485.50 p. and he paid Rs. 21,173.51 p. and returned articles worth Rs. 13,616.06 p. He also supplied one fan to one Basanta Das on the request of the plaintiff and has also alleged that he gave another fan for repairing to the plaintiff but it was not returned. According to the defendant he made an excess payment of Rs. 2,04.94 p. and that apart he was also entitled to get a commission of Rs. 973.47 p. but no counter claim was filed before the learned trial Court.