Back
KRISHNA RAO
Mamta Jaiswal – Appellant
Versus
APL Metals Ltd. – Respondent
JUDGMENT
Krishna Rao, J.—The plaintiff has filed the present suit praying for Decree for a sum of Rs.18,50,257.58 along with interest and interest upon judgment at the rate of 18% per annum.
2. The plaintiff is engaged in the business of retail and wholesale of lead and lead ingots. The defendant is engaged in production and supply of refined lead, lead alloys and lead oxides.
3. The defendant was in need for Lead for its manufacturing process, therefore, the defendant, being aware that the plaintiff is a whole-seller of Lead, approached the plaintiff. After negotiations between the parties, it was agreed that the defendant would place purchase orders upon the plaintiff for supply of lead at specific rates and the plaintiff would supply Lead and raise invoices upon the defendant and thereafter the defendant will make payment in terms of the invoices raised by the plaintiff. It was also agreed between the parties that in the event of delay in making payment, the defendant would make payment of interest at the rate of 18% per annum.
4. On 25th November, 2021, the defendant placed a purchase order upon the plaintiff, for supply of 20,000 MT of Lead which the plaintiff has supplied the sa
Money suit – Demand raised against supply of goods has to be allowed.
The plaintiff successfully proved the delivery of goods and the defendant's liability for unpaid dues, entitling the plaintiff to recover the amount with interest.
The burden of proof lies on the party asserting a claim, and failure to provide credible evidence results in upholding the original judgment.
Admissions made by a party can serve as substantive evidence, allowing the court to grant a decree in the absence of a defense.
Summary judgment may be granted when there are no triable issues, and the burden is on the defendant to prove otherwise, especially in claims involving clear contractual terms and documented transact....
The respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
