KAKKAR STEEL FORGINGS Vs. BHUSHAN METALLICS LTD

JUDGEMENT

(1.) DEFENDANTS M/s Kakkar Steel Forgings and its Managing Partner are in second appeal after remaining successful in the trial court but unsuccessful in the lower appellate court. Respondent-plaintiff M/s Bhushan Metallics Limited filed suit for recovery of Rs. 2,94,627.66 against the defendants-appellants under Order 37 of the Code of Civil Procedure (in short, CPC) alleging that the plaintiff had been supplying material/goods to the defendants on credit pursuant to orders placed by the defendants and on settlement of account, defendants issued cheque no. 745242 dated 8.9.1993 for the due amount of Rs. 2,29,981.66 in favour of the plaintiff but the said cheque was dishonoured.

(2.) THE defendants failed to pay the due amount inspite of demand notice. Accordingly, the plaintiff claimed recovery of the principal amount of Rs. 2,29,981.66 along with Rs. 64,646/- as interest thereon @ 18% per annum till filing of the suit, thus claiming total amount of Rs. 2,94,627.66.

(3.) LEARNED Civil Judge (Junior Division), Chandigarh vide judgment and decree dated 31.7.2007 dismissed the plaintiff's suit. However, first appeal preferred by plaintiff has been allowed by learned Additional District Judge, Chandigarh vide judgment and decree dated 12.5.2009 and thereby plaintiff's suit has been decreed for recovery of principal amount of Rs. 2,29,981.66 with costs and interest @ 12% per annum and with future interest @ 6% per annum from the date of decree till recovery. Feeling aggrieved, the defendants have preferred the instant second appeal.