M/S Khandelwal Steels P Ltd vs M/S Paliwal Mini Steels And Anr
2023 Latest Caselaw 3966 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil First Appeal No. 341/1999

1.      M/s Khandelwal Steels, 26-A, Tej Mandi, Alwar
2.      Smt. Kamla Devi W/o Kirorilal Gupta, Partner Of M/s
        Khandelwal Steels, 26-A, Tej Mandi, Alwar
3.      Pradeep Kumar Gupta S/o Shri Kirorilal Gupta, Partner Of
        M/s Khandelwal Steels, 26-A, Tej Mandi, Alwar
4.      Ahsok Kumar Gupta S/o Shri Kirorilal Gupta, Partner Of
        M/s Khandelwal Steels, 26-A, Tej Mandi, Alwar
                                                                   ----Appellants
                                    Versus
1.      M/s Paliwal Mini Steel India Ltd., 2, Mia Matsya Industrial
        Area Alwar
2.      Chairman, M/s Paliwal Mini Steel India Ltd., 404, Padma
        Tower, Rajendra Palace, New Delhi
                                                                 ----Respondents

For Appellant(s)          :     Mr. R. P. Garg, Adv.
For Respondent(s)         :     Mr. S. R. Yadav, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 22/08/2023

Instant appeal has been filed by the plaintiffs-appellants (for

short 'the plaintiffs') against the judgment and decree dated

03.07.1999 passed by Additional District Judge No.2, Alwar in Civil

Suit No.10/96 titled as M/s Khandelwal Steels & Ors. Vs. M/s

Paliwal Mini Steel India Ltd. & Anr., whereby the trial court

dismissed the suit filed by the plaintiffs for recovery of money.

Brief facts of the case are that plaintiffs filed a suit for

recovery of an amount of Rs.2,49,206.58 against the defendants-

respondents (for short 'the defendants'). On 31.03.1990 the

(2 of 4) [CFA-341/1999]

defendants after understanding the accounts accepted the balance

of Rs.1,84,620.31/- which was to be paid. Till 31.03.1991 the

amount of Rs.1,83,290.18/- remained due against the defendants.

Inspite of reminders, they had not paid the amount. So, the

plaintiffs are entitled to get the due amount alongwith 12% per

annum interest thereon. A total amount of Rs.2,49,206.58/-

remained due against the defendants.

Defendants filed the written statement mentioning therein

that on 15.12.1990 an amount of Rs.2,96,811.39/- was due to the

plaintiffs against the defendants and against the said amount, an

amount of Rs.1,83,811.39/- was paid by the defendants through

cheque and remaining amount of Rs.1,13,000/- was to be paid by

Yashpal Gupta personally. So, defendants had no liability.

The trial court framed the following issues:-

(1) Whether the plaintiffs are entitled to get the due principal

amount of Rs.1,83,240.18/- from the defendants?

(2) Whether the plaintiffs are entitled to get 12% interest from

18.03.1991 to filing of the suit and till recovery from the

defendants?

(3) Whether the plaintiffs are entitled to get litigation expenses?

(4) Whether the plaintiffs' suit is time barred?

(5) Relief?

Learned counsel for the plaintiffs submits that the trial court

wrongly decided the issue Nos.1 and 4 against the plaintiffs. As

per statement of the plaintiffs, amount of Rs.2,96,811.39/- was

due on 15.12.1990 and defendants only paid Rs.1,83,811.39/-.

Remaining amount of Rs.1,13,000/- was due but the same was

not paid. Learned counsel for the plaintiffs also submits that it is

(3 of 4) [CFA-341/1999]

not disputed that this amount was neither paid by defendants nor

by Yashpal Gupta. So, defendants are liable to pay Rs.1,13,000/-

but learned trial court wrongly dismissed the suit filed by the

plaintiffs. Learned counsel for the plaintiffs also submits that the

trial court also wrongly came to the conclusion that present suit is

time barred. So, finding of the trial court be set aside.

Learned counsel for the defendants has opposed the

arguments advanced by learned counsel for the plaintiffs and

submitted that as per the receipt (Ex.A1) which was executed by

the plaintiffs Rs.1,83,811.39/- was to be paid by the defendants

and rest of the amount Rs.1,13,000/- was to be paid by Yashpal

Gupta. So, the trial court rightly came to the conclusion that no

amount was due with the defendants. Learned counsel for the

defendants also submitted that the said amount was due from

01.04.1990 and present suit was filed in 1994. So, the trial court

rightly came to the conclusion that suit is time barred. So, appeal

be dismissed.

I have considered the arguments advanced by learned

counsel for the plaintiffs as well as learned counsel for the

defendants.

During trial, document (Ex.A1) was exhibited. As per the

document, defendants' Company was to be paid Rs. 1,83,811.39/-

and plaintiffs had to get the due amount of Rs.1,13,000/- the said

amount was to be paid by Yashpal Gupta. So, in my considered

opinion, the trial court had not committed any error in coming to

the conclusion that no amount was due against the defendants. It

is an admitted position that the said amount was due on

01.04.1990 but the plaintiffs had filed the present suit on

(4 of 4) [CFA-341/1999]

15.03.1994. So, in my considered opinion, the trial court rightly

came to the conclusion that present suit is time barred. So,

present appeal being devoid of merit, is liable to be dismissed,

which stands dismissed accordingly.

Pending application(s), if any, stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin/249

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