Concurrent findings upholding recovery of outstanding dues based on invoices, accounts, and defense admissions not interfered with in second appeal under Section 100 CPC absent perversity; suit within limitation per Section 18 extensions.

JUDGMENT :

ROMESH VERMA, J.

The present appeal arises out of the judgment and decree passed by the learned District Judge, Solan, District Solan, HP. dated 13.03.2025, whereby the appeal preferred by the present appellant has been dismissed and the judgment and decree as passed by the learned Senior Civil Judge, Kasauli, District Solan, HP in Civil Suit No. 56/1 of 2015, titled Puneet Singh Seehra vs. M/S Lokpriya Buildwell Pvt. Ltd. , dated 25.11.2022 has been affirmed.

2. The brief facts of the case are that the present respondent/plaintiff filed a suit for recovery of Rs. 19,90,082/-alongwith pendent lite and future interest @ 24% per annum before the Court of learned Senior Civil Judge, Kasauli, District solan, HP. on 09.06.2015. It was averred in the plaint that the plaintiff is engaged in the business of manufacture, sale and supply of furniture and leather etc. and he is running his business in the name and style of a proprietorship firm known as ‘Coach Classic’ and is having its office at New Delhi. The defendant is engaged in the business of construction of Hotel etc. The Managing Director of the defendant-company, namely Sh. Harpal Singh approached the plaintiff in the year 2010 at its Delhi Office for supply of various goods to his hotel which was under construction and reached an agreement. In pursuance to the demand as made by the defendant, it was averred in the plaint that the plaintiff supplied the ordered goods as per the requirements and time schedule of the defendant and the goods were duly received by the defendant in good condition.

3. It has been averred in the plaint that plaintiff had raised the following invoices to the defendant:-

4. The plaintiff sold the furniture to the defendant company for the period of 2010-2011. During the said period, the plaintiff made supply of the furniture, total worth Rs. 2,53,26,507/-. Out of this total amount of Rs. 2,53,26,507/- the defendant during the course of business i.e. during the period of 2010-2011 had made total payment of Rs. 2,04,53,513/- to the plaintiff. The same has been duly reflected in the statement of the account of the plaintiff company. The plaintiff as per the understanding with the defendant also gave credit note of Rs. 30,50,702/- to the defendant during the above said period. After credit note to the tune of Rs. 30,50,702/- total recoverable amount, due against the defendant, comes to Rs. 18,22,292/- which has been reflected in the statement of account. Apart from the said mentioned amount, the defendant has also not paid amount of Rs. 1,67,790/- against two invoices. Therefore, total outstanding amount against the defendant is Rs. 18,22,292/-+Rs. 1,67,790/- = Rs. 19,90,082/-. It was further averred that the defendants have failed to pay the above said outstanding amount despite various corresponde