O.P.DWIVEDI, USHA MEHRA
METROPOLIS TRAVELS AND RESORTS INDIA PRIVATE LIMITED – Appellant
Versus
SUMIT KALRA – Respondent
( 1 ). Suit for recovery was filed by the appellant/plaintiff on the ground that he was the authorised agent of Indian Airlines for the sale of its tickets. Respondent/defendant had been purchasing the tickets from the appellant since 1996 for which bills/ invoices were issued. As per practice representative of the respondent company used to sign those bills/ invoices in token of having received bills/invoices and the tickets. On behalf of the respondent sometime its employees would come to collect the tickets and sometime proprietor himself. Amounts of the bills/invoices was either paid at that time and at times bills amounts were paid lateron. In the year 1997 respondent purchased tickets but failed to pay the amounts, when oral requests failed to yield the result the appellant issued registered notice on 19th January, 1998. It was duly received by the respondent on 11th February, 1998. Despite notice when respondent failed to make the payment, suit for recovery was filed.
( 2 ). This suit was contested by the respondent, primarily on the ground that tickets against those bills/ invoices Ex. PW2/1 to PW2/30 had not been received by the respondent. That the bills/ invoic
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