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2009 Supreme(Del) 137

ANIL KUMAR
J. K. Lakshmi Cement Ltd. – Appellant
Versus
Amit Plastic (P) Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Naresh K. Daksh, Adv.
For Respondents/Defendant: Nemo

JUDGMENT

Anil Kumar, J.

1. This is a suit for recovery of Rs. 31,42,825/- as due on 30th November, 2002 plus interest at 21% per annum filed by the plaintiff.

2. The plaintiff has contended that the plaintiff company had sold and delivered goods to M/s. Namit Plastics Pvt. Ltd, defendant No. 1 through defendants No. 2 & 3.

3. It is asserted that from time to time the plaintiff company as per the requirements of defendants No. 2 & 3 sold and supplied to them goods in the name of M/s Namit Plastics Pvt Ltd, defendant No. 1 and raised the bills.

4. The plaintiff is seeking recovery of the price of goods sold by invoices as detailed in para 11 of the plaint which are from 15th December, 2001 till 24th September, 2002. According to the plaintiff he had been maintaining running accounts and as on 31st July, 2002 the balance in the name of the defendant was Rs. 32,94,502/- whereas the balance in the name of defendant as per the account books of defendants was Rs. 31,40,321/-. Therefore, the defendant had confirmed a balance of Rs. 31,40,320/- as on 31st July, 2002.

5. According to the plaintiff an amount of Rs. 31,42,825/- was due on 24th September, 2002 which is still due and consequen

















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