GARG CONCAST LIMITED Vs. SATNAM SINGH AND ANOTHER

JUDGEMENT

(1.) By this common judgment, I shall be disposing of two appeals bearing RSA No. 2513 of 2016 and 1352 of 2018 arising out of the same suit filed by the plaintiff-respondent for recovery of Rs. 3,44,000/-.

(2.) In the considered opinion of this court, following substantial question of law arises for determination:-

(3.) The plaintiff-Satnam Singh being the proprietor of M/s Sardar Trading Company filed a suit claiming that he had given advance of Rs. 2,00,000/- to defendant No. 1-Garg Concast Limited against the purchase of steel ingots, however, the same has been supplied. The plaintiff pleaded that the cheque was without the name of the payee and, therefore, the cheque has been got encashed by defendant No. 2-Garg Industries Limited on 10.04.2000. The plaintiff further pleaded that the material as ordered has been supplied and hence, he is entitled to recover the amount alongwith the interest at the rate of 24% p.a.