ARYA BROTHERS Vs. BHAI SANTOKH SINGH

JUDGEMENT

(1.) The Court of learned Senior Sub Judge, Jagadhri vide judgment and decree dated 06.04.1993 decreed the suit of the plaintiff M/s Bhai Santokh Singh and Co. Timber Merchants awarded against the then defendants present appellants M/s Arya Brothers and others a decree of the recovery of Rs. 4,98,55/- as principal amount, Rs. 2,48,50.83/- as interest totaling to Rs. 7,47,05.83/- Alongwith this amount, the plaintiff was awarded interest @ 18% per annum w.e.f. 27.04.1987 till the recovery. The plaintiff and the defendants were having business relationship, whereby, the plaintiff used to supply to the defendants goods against bills and during the course of presentation some of the cheques of the defendants firm were dishonored by their bankers and when the defendants failed to make payment, the plaintiff filed the suit for recovery of the amount.

(2.) The defendants in this stand though admitted, inter-se, relationship that they were running a business but claimed that the plaintiff was supposed to give discount at the rate of 4% on the bill amount and, thus, denied the averments of the plaintiff.

(3.) The trial Court on the basis of pleading framed the following issues:-