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ABHAY AHUJA
Oriental Aromatics Limited – Appellant
Versus
Poonam D. Bhatiya – Respondent
JUDGMENT :
1. The Plaintiff has filed the above suit for recovery of Rs. 1,68,80,866/- from the Defendant, comprising of Rs. 1,27,93,674/- being the principal amount along with interest at the rate of 15% per annum from the due date of each of the invoices raised by the Plaintiff in respect of the goods sold, supplied and delivered by the Plaintiff to the Defendant along with the delivery challans till the date of filing of the suit and thereafter, further interest on the principal sum at the same rate till payment and/or realisation and costs of the suit.
2. After the Defendant had entered appearance, Plaintiff had taken out Summons for Judgment in the above amount along with interest and costs. In the affidavit in support of the Summons for Judgment dated 11th February, 2022, the Plaintiff has submitted that after the filing of the suit, the Defendant has paid to the Plaintiff a sum of Rs. 2,10,000/- and accordingly, the Defendant is entitled to receive credit in the said sum of Rs. 2,10,000/- against its decretal dues as claimed in the Plaint. The reply has been filed by the Defendant on 5th March, 2022. Thereafter, attempts were made to settle the matter, however, upon failure of
In a suit based on invoices, the invoices must be treated as a written contract. If the Defendant raises no genuine triable issues or the defense is frivolous, the Plaintiff shall be entitled to judg....
Summary suits based on invoices are maintainable when liability is acknowledged, and defenses presented must be genuine and substantial.
The burden of proof lies on the defendants to provide documentary evidence of full payment, and failure to do so may result in adverse inferences by the Court.
The main legal point established in the judgment is the requirement of written documents for maintaining a suit under Order XXXVII of the CPC and the principles governing the grant of leave to defend....
The burden of proof lies with the claimant to substantiate claims with credible documentation, and evidence of timely payments to claimants influence recovery judgments.
Court upheld the trial court's ruling on limitation and interest, emphasizing ongoing commercial transactions while invalidating the claim for hand loan.
The plaintiff failed to prove defects in goods supplied under the Reseller Agreement, resulting in dismissal of the suit and a decree for the defendant's counter-claim for unpaid invoices.
Invoices can constitute written contracts under Order XXXVII of the CPC, allowing for summary suits to be maintainable based on such documentation.
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