MOHAN MEAKIN LTD. Vs. RAJMAT LIQUORS (P) LTD.

JUDGEMENT

(1.) The present suit has been filed by Mohan Meakin Limited, Solan Brewery, through Shri H. N. Handa, Secretary and Principal Officer of the said Company, which is engaged in the manufacture and sale of Indian Made Foreign Liquor (I. M F. L.), Beer etc It has various Units and sale depots all over India and its registered office is at Solan Brewery, District Solan (HP),

(2.) The suit has been filed for recovery of an amount of Rs. 5,17,134 30 P. from M/s Rajmat Liquors Pvt. Ltd , which is, as pleaded in the plaint, a Private Limited Company having its registered office at Shop No. 11, Ground Floor A -Monalisa St. John Baptist Road, Baodra (W) Bombay (Mumbai). The said defendant -company is stated to be engaged in the business of purchase and sale of IMFL and beer.

(3.) It has been pleaded in the plaint that the defendant had been purchasing IMFL and beer manufactured by the plaintiff -company from the latters wholesale depot at Mumbai, on credit, from a long time. It is further the case of the plaintiff that it has a current, mutual and running account of the defendant in the books maintained during the regular course of business in which the defendant had been making purchases on various dates upto 27 -1 -1988 and made payments towards these purchases from time to time which were adjusted in the account of the defendant. As indicated in the statement of account, last entry being that of 12 -2 -1988. It has further been pleaded that the defendants were also given a credit of Rs.52,800 on 22 -12 -1990 towards their claim of defective stock. In this connection, the defendant through its Manager Major G. L. Khote (Retd.) also acknowledged and confirmed the debit balance on 22 -12 -1990.