Pasupati Acrylon Limited vs Assam Syntex Limited
1997 Latest Caselaw 947 Del

JUDGMENT

Lokeshwar Prasad, J.

(1) The plaintiff, named above, has filed the present suit for the recovery of Rs. 17,71,681.00 , averring that the plaintiff is engaged in the business of manufacture of Acrylic Fibre at its factory and the sale and purchase negotiations and all other transactions in respect of the said manufacturing business of the plaintiff are carried out from the plaintiff's office situated at M-14, Connaught Circus, New Delhi. It is stated that the defendant Company is the purchaser of the Acrylic Fibre, manufactured by the plaintiff Company. It is further stated that the defendant Company has placed orders upon the plaintiff Company for the supply of Acrylic Fibre to the defendant Company and accordingly the plaintiff Company has sold and delivered to the defendant Company various quantities and qualities of Acrylic Fibre as per the requirements and purchase orders placed by the defendant Company upon the plaintiff from time to time. It is averred that all such purchase orders at all material times have been placed by the defendant upon the plaintiff at its office at New Delhi.

(2) It is further stated that the plaintiff between July, 1993 to January, 1994 has sold and delivered to the defendant Company Acrylic Fibre of different specifications amounting to Rs. 36,00,454.00 . It is stated that upon the delivery of the goods and raising the invoices defendant Company as against the supply of the goods to the extent of Rs. 36,00,454.00 has paid to the plaintiff a sum of Rs. 22,21,573.00 as part payment on various dates. It is stated that after giving credit of the said sum of Rs. 22,21,573.00 on account of payments received and the credit notes issued, there still remains due and outstanding to the plaintiff a sum of Rs. 13,78,881.00 on account of goods sold and delivered.

(3) It is stated that the plaintiff has been making repeated demands and giving reminders to the defendant Company to clear the outstanding dues but the defendant Company has failed to pay the said amount or any part thereof inspite of repeated demands made by the plaintiff and assurances given by the defendant Company. It is further stated that the defendant Company vide letter dated 17.2.1994 has confirmed the dues of the plaintiff and has once again promised to pay the same but has failed to pay. It is stated that it was specifically agreed between the parties that in case of defendant Company failing to pay the amount within a week from the date of invoice(s), the defendant would pay interest @ 24% per annum from the date of the bills till the date of payment. It is stated that on the date of the filing of the suit a sum of Rs. 17,71,681 .00 is due and payable to the plaintiff Company by the defendant inclusive of interest. It has been prayed that a decree for the recovery of Rs. 17,71,681.00 be passed in favour of the plaintiff and against the defendant together with costs and interest @ 24% per annum from the date of the filing of the suit till realisation.

(4) Since the defendant did not appear despite service, the defendant was directed to be proceeded ex-parte in the present proceedings by the learned Predecessor of this Court vide order dated 14th December, 1995.

(5) The plaintiff in support of its case has adduced evidence by means of affidavit and by way of evidence has filed the affidavit of Shri S.D. Jain, Vice President(Finance) and Company Secretary of the plaintiff Company. Said Shri S.D. Jain in his affidavit dated the 10th September, 1996, filed by him, by way of evidence, has fully supported the case of the plaintiff Company. The evidence of said Shri Jain, adduced by means of affidavit has gone on record unrebutted and unchallenged. On the basis of material on record, more particularly the facts disclosed by Shri S.D. Jain, Vice President (Finance) and Company Secretary of the plaintiff Company, in his affidavit dated 10.9.1996 which has gone on record unrebutted and unchallenged which I see no reason to disbelieve, in my opinion, the case of the plaintiff Company, stands amply proved.

(6) In view of the above discussion the present suit filed by the plaintiff Company is decreed for Rs. 17,71,681.00 (Rupees seventeen lacs seventy one thousand six hundred and eighty one only) in favour of the plaintiff and against the defendant together with costs and pendente lite and future interest @18 percent per annum. Decree sheet be drawn up accordingly and thereafter the file be consigned to Record Room.