TARA CHAND SATISH CHAND, COMMISSION AGENT, GURGAON Vs. HARDEV SAHAI JAWAHAR LAL, COMMISSION AGENT, GURGAON

JUDGEMENT

(1.) THE suit was filed by plaintiff - respondent seeking recovery of Rs. 4,54,104.14. It was alleged that plaintiff as well as defendant both are commission agents and there was no dispute about the fact that the amount of Rs. 4,54,104.14 was due towards plaintiff as on 31.03.2003. The appellantdefendant came up with a plea that amount of Rs. 4,54,104.14 was paid to the plaintiff -respondent. This amount was not available in the accounts book of the appellant and was arranged from other persons, as such, no entry in the account book regarding the payment was made. At the same time the plaintiff -respondent issued a cheque for a sum of Rs. 4,54,104.14 without date, as such, no amount was due or payable to the plaintiff -respondent and the matter only remained with regard to entry in the account book which was to be made on a future date, which at no point of time was made in the accounts of the defendant -appellant.

(2.) LEARNED Civil Judge (Senior Division), Gurgaon vide judgment and decree dated 31.01.2012 decreed the suit for recovery of suit amount with interest @ 9% per annum from the date of filing of the suit till its realization. The judgment and decree passed by the lower Court was affirmed by the Additional District Judge, Gurgaon.

(3.) IN this regular second appeal the appellant seeks setting aside of concurrent finding of the Courts below. Learned counsel for the appellant argues that at the time of payment of Rs. 4,54,104.14 to the plaintiff -respondent a cheque of same amount was obtained from the plaintiff -respondent which was never got encashed. This shows that the payment of the suit amount was made in cash. Both the Courts below have not appreciated this argument of the defendant -appellant and have discarded the same on following grounds: