GURBACHAN SINGH Vs. BHIM SAIN

JUDGEMENT

(1.) The present Regular Second Appeal (here-in-after referred to as "RSA") has been instituted assailing the judgment and decree dtd. 22/5/2025 passed in Civil Appeal, whereby the learned Additional District Judge, Karnal, allowed the appeal and consequently set aside the judgment and decree dtd. 20/12/2018 rendered by the learned Additional Civil Judge (Senior Division), Assandh (Karnal).

(2.) Briefly stated, the respondent/plaintiff instituted a suit for recovery of Rs.8,82,623.00 along with interest at the rate of 18% per annum with effect from 6/7/2017, on the averment that the plaintiff is engaged in the business of a commission agent and that the defendants had been selling their agricultural produce through the plaintiff. It was further pleaded that during the crop year 2016-2017, the defendants borrowed the following amounts from the plaintiff:-

(3.) An amount of Rs.2,87,000.00 was outstanding as on 21/11/2016. Thereafter, the defendants received further sums from the plaintiff through cheques, namely Rs.1,00,000.00 on 2/12/2016, Rs.25,000.00 on 21/12/2016, and Rs.4,00,000.00 on 6/3/2017, as a result whereof a total sum of Rs.8,12,000.00 remained due and payable by the defendants. Upon calculation and debiting of interest up to 6/7/2017, the outstanding amount aggregated to Rs.8,82,621.00.