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2017 Supreme(P&H) 2164

RAJBIR SEHRAWAT
Radha Raman Industries – Appellant
Versus
Manoj Trading Company – Respondent


Advocates:
For the Petitioner:Mr. Adarsh Jain, Advocate.

JUDGMENT

Mr. Rajbir Sehrawat, J.:(Oral)- This is an appeal filed by the defendant against the concurrent findings of both the Courts below and their judgments and decrees whereby the suit for recovery filed by the plaintiff-respondent herein was decreed and the appeal filed by the present appellant defendant was also dismissed.

2. The facts mentioned, in brief, are that the plaintiff is a firm dealing in food grains, cereals, oil seeds etc. at New Anaj Mandi Palwal and the defendant is a firm being in the business of oil etc. The defendant-firm purchased mustard seed from the plaintiff for a total amount of Rs. 5,45,376/-. The defendant paid only a sum of Rs. 45,000/- on 15.03.2005, vide a pay order, and the remaining amount of Rs. 5,00,376/- was not paid by the defendant. Therefore, the plaintifffirm filed a suit for recovery along with interest.

3. The defendant filed a written statement. It did not dispute the supply of the material through the bills, Ex;P3 to P;13. However, it took the defence that it had paid the money against the valid receipts and therefore, nothing is due towards it which the plaintiff might be entitled to recover. Hence, the prayer for dismissal of the suit































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