RODI LAL NAGDA Vs. KANHAIYA LAL

JUDGEMENT

(1.) This appeal under Sec. 13 of the Commercial Courts Act read with Sec. 96 CPC is directed against judgment and decree dtd. 8/11/2019 passed by Commercial Court, Udaipur, whereby the suit filed by the appellant-plaintiff for recovery of a sum of Rs.5,17,286.00, has been dismissed.

(2.) The suit was filed by the plaintiff, inter alia, with the submissions that the plaintiff-firm was a proprietorship concern and was involved in business of sale of cattle feed; the defendant was dealing with the plaintiff-firm since 2012, he always purchased the goods on credit, for which, bills were issued and the same were entered into the account in defendant's name in the ledger maintained by the plaintiff, which contains all the details pertaining to purchases made by the defendant and the amount paid. It was claimed that the defendant made last purchase on 29/6/2015 and also paid Rs.30,000.00 towards the previous out standings and on the said date, a sum of Rs.3,67,286.00 was outstanding. Despite repeated reminders, the out standing were not paid and the defendant stopped purchasing goods and visiting the plaintiff-firm.

(3.) A notice dtd. 26/5/2017 was sent, which was refused. It was further reiterated in the suit that the account of the defendant was being maintained in the ledger, which shows outstanding of Rs.3,67,286.00 and in terms of the indications made in the bills, for the delayed payment, the plaintiff was entitled to interest @ 2% and, therefore, from 29/6/2015 till the date of issuing notice, the amount of interest comes to Rs.1,50,000.00, as such a total sum of Rs.5,17,286.00 has been outstanding.