P R STEEL INDUSTRIES INSIDE LOHGARH GATE KATRA MOTI RAM AND ORS Vs. SWASTIKA AGRO INDUSTRIAL CORPORATION

JUDGEMENT

(1.) Defendants are in second appeal against judgment and decree of both the learned Courts below whereby suit of the plaintiff for recovery of Rs. 3,29,528/- towards principal along-with interest @ 6% per annum from 6.10.1995 till the date of actual realization has been decreed.

(2.) Pleaded case of the parties to the lis is that the plaintiff is dealing in the business of supply of G.P. Sheets/Coils which has been supplying goods to defendant No. 1. on credit through various bills. They had continuous business transaction in which defendant No. 1. has been paying the amount through cheques, drafts and cash. As per case of the plaintiff, it supplied G.P.Sheets/Coils to the defendants vide bill No. 1428 dated 06.10.1995 for a sum of Rs. 3,29,528/-. Receipt of the goods were duly acknowledged on the back of the bill by defendant No. 2. which were supplied through transport. The plaintiff has been maintaining regular books of accounts which are duly audited. All the transactions between the parties have been entered in the ledger and other accounts. The plaintiff had requested the defendants to make the payment, but on their refusal, had to file the suit.

(3.) In the written statement, the defendants denied the purchase of G.P.Sheets/Coils by the aforesaid bill and also denied the receipt thereof . It was denied that any receipt or bill was ever signed by defendant No. 2 in token of receipt of goods. It was claimed that the signatures, if any, on the purported bill were result of forgery and fabrication. Thus, it was a case of total denial. From the pleadings of the parties, following issues were framed by the trial Court on 30.9.2002: