JINTAK ENGINEERS PVT LTD Vs. RAM AVTAR GOYAL

JUDGEMENT

(1.) C .M.No.13013 -C of 2013 For the reasons mentioned in the application, which is supported by an affidavit, delay of 273 days in re -filing the appeal, is condoned. C.M. stands disposed of.

(2.) PLAINTIFF -respondent filed a suit for recovery against the defendant -appellants on the averments that plaintiff was running a business of purchase and sale of iron and steel goods and defendants used to purchase steel sheets on credit from the plaintiff.

(3.) ON 1.4.2003 there was an outstanding balance against the defendants to the tune of Rs. 2,40,019/ - and on 1.4.2004, the outstanding balance against the defendants was Rs. 2,03,337/ -. The statement of account of the plaintiff for the period w.e.f. 1.4.2003 to 31.03.2004 was duly endorsed and signed by defendant No.2 under seal of defendant No.1. It is the further case of the plaintiff that during the year 2004 -05, also goods were purchased by the defendants and two cheques were issued by the defendants but they remained unpaid, future payments were made by cheques by the defendants in the financial year 2004 -05 and finally on 18.02.2005, there was outstanding balance of Rs. 1,19,849 -50 paise. As per terms and conditions of the business, defendants were also required to pay interest @ 18% per annum in case the payment for goods purchased was not made within 60 days. Plaintiff also issued a legal notice upon the defendants asking them to make the payment of sum due towards them, since the needful was not done, then suit for recovery of Rs. 1,34,225/ - which included interest also was filed.