DOMEBELL INVESTMENT PVT LTD Vs. THAKUR ENTERPRISES

JUDGEMENT

(1.) The plaintiff is a Private Limited Company duly incorporated under the Companies Act, 1956 having its registered office at 2275;Adat Bazar, Ahmednagar. It has its branches throughout the country including the one at Parwanoo in District Solan. It deals in manufacture and sale of various electronic products, such as, colour/black and white televisions, washing machines, refrigerators, audios, V.C.Rs., V.C.Ps. etc.

(2.) Defendant No. 1 is a sole proprietorship-firm of defendant No. 2 and is carrying on the business of sale and purchase of electronic products. The plaintiff in the year 1991 on having been approached by the defendants supplied various electronic products to them on credit by opening an account in their names in its books of account. In such account all the purchases made by the defendants from time to time and all payments received from them from time to time were being entered. As on 8.2.1994 after adjusting the amount of Rs.70,000/- received from the defendants, a sum of Rs. 4,17,215/- was due from-the defendants which they failed to pay. Claiming interest on such amount at the rate of 18% per annum with effect from 9.2.1994 till the filing of the suit, the plaintiff has filed the present, suit for the recovery of Rs. 6,42,511/- that is, Rs. 4,17,215/- as principal amount due and Rs. 2,25,296/- as interest thereon.

(3.) The defendants while resisting the suit admitted that they having being making purchases from the plaintiff and that whatever amount was due stands paid. The case put forth by the defendants is that in fact excess payment has been made by them to the plaintiff. They pleaded that the plaintiff was guilty of suppression of material facts and that the suit was not within time.