Delhi High Court
Steel & Allied Traders vs Utility Engineers (India) Ltd. on 6 September, 2001
Author: V Aggarwal
Bench: V Aggarwal
ORDER
V.S. Aggarwal, J.
1. Plaintiff is a company carrying on business amongst other of sale of iron and steel material and such other allied items. The defendant (M/s Utility Engineers India Ltd.) carries on business of manufacture and deals in various items made from CRC sheets and other allied products. The plaintiff used to supply iron and steel material including CRC sheets, plates, angles, squares, bright bars, MS channels and such other allied items. It is alleged that plaintiff used to receive payments of various items from the defendant company for the goods supplied to the defendant. The defendant used to place orders on the plaintiff vide their local purchase orders from time to time. The items and conditions governing the supply are listed on the reverse of the bills and one of the condition is that interest shall be charged at the rate of 22% p.a. The goods ordered by the defendant were supplied between May 1981 to July 1983 vide various invoices.
2. The defendant company received the goods as supplied vide invoices but did not make payments within the stipulated time in terms of the said bills raised by the plaintiff firm against the defendant company. The plaintiff used to send various letters and reminders. The plaintiff sent a letter of 21st December, 1981 mentioning that an amount of Rs.76,866/- with respect to the bills mentioned in the letter were issued. A reminder was sent dated 13th January 1982. In the letter of 28th June, 1982 the plaintiff had clearly stated that an amount of Rs. 68,132-/ is due with respect to the bills prior to 26th June, 1982. The statement of accounts subsequently was dispatched showing a debit balance of Rs. 3,39,580/-. The defendant company was requested to make payments. The defendant company sent a sum of Rs. 42,416.12. The plaintiff company again sent the letter on 7th February, 1983 along with the statement of accounts showing the amount due.
3. The defendant company paid a sum of Rs.51,727/- and another sum of Rs.48,110/- on 27th April, 1983 and 5th May, 1983 respectively. The plaintiff sent the letter on 18th May, 1983 acknowledging the receipt of the payments and informed the defendant that they have supplied worth Rs.65,000/-. The defendant company thereafter paid a sum of Rs.1,09,861/- on 31st May, 1983. The defendant was informed that a balance amount of Rs.1,23,720/- is due and outstanding. On basis of the accounts that are being maintained the plaintiff claims that Rs.1,29,746/- is due as principal and Rs.83,228/- is due as interest. The civil suit has been filed for recovery of the same with interest.
4. The defendant had been proceeded ex parte and the evidence was led by the plaintiff in the form of affidavits.
5. The affidavit has been filed of Shri Rajiv Gupta. He supported the assertions of the plaintiff and also the fact that the goods were supplied to the defendant vide purchase the orders Ex. P1 to P30 and Ex. P3 to P50 besides P130, 132 and 134. The defendant had received the goods vide invoices Ex. P51 to P128. The witness added that as per the accounts which are maintained regularly the amount claimed is due.
6. The evidence on the record shows that regular books of accounts were being maintained and therefore, the amount claimed as such is due. This is supported by the invoices and the bills referred to above and it supports the contention in this regard that the principal amount of Rs.1,29,746.60 is issued. It is also in evidence that this was the agreement and interest would be charged at the rate of 12% p.a. Therefore, the civil suit is liable to be decreed as claimed.
7. For these reasons the suit is decreed ex parte for Rs.2,12,975/- with interest at the rate of 22% p.a. on the decretal amount from the date of the filing of the suit till the payment is made.
