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ABDUL QUDDHOSE
Kapoor Imaging Private Limited – Appellant
Versus
Kodak (India) Private Limited – Respondent
JUDGMENT :
Prayer: Civil Suit is filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 CPC, praying for a direction to the defendant to pay a sum of Rs.1,81,62,728/- being the principal amount of Rs.1,50,30,923/- payable by the defendant as per para 10 of the plaint and interest thereon at the rate of 15% per annum from 01.07.2007 till 18.11.2008, along with future interest at the rate of 15% per annum from the date of filing of the suit till the date of actual payment
The suit has been filed against the defendant for recovery of a sum of Rs.1,26,40,648/- towards damages. According to the plaintiff, the goods supplied by the defendant was defective and due to the same, they had suffered damages. The damage claim made by the plaintiff against the defendant comprises of the following:-
| (i) | Payments withheld by the customers of the plaintiff | Rs.96,33,360/- |
| (ii) | Defective stocks that were unsold by the plaintiff | Rs.12,50,000/- |
| (iii) | Goods returned by the customers back to the plaintiff | Rs.17,57,288/- |
| (iv) | Towards wasted expenditure, namely | |
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.
The court emphasized that disputed documents and agreements raised triable issues that required evidence and could not be decided summarily.
The burden of proof in civil disputes lies with the party asserting a claim or defense, as established in the Evidence Act; contractual obligations must be fulfilled as per agreed terms.
The court ruled that the plaintiff failed to prove the jural relationship and actual supply of goods, resulting in no entitlement for recovery of the claimed amount.
The absence of certification under Section 65B of the Indian Evidence Act, 1872, does not render computer-generated ledger accounts inadmissible, and the non-examination of the person who made entrie....
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