SAVEENA ENTERPRISES PVT LTD Vs. KALATEX
LAWS(DLH)-2007-5-25
HIGH COURT OF DELHI
Decided on May 02,2007

SAVEENA ENTERPRISES PVT. LTD Appellant
VERSUS
KALATEX Respondents

JUDGEMENT

Vipin Sanghi, J. - (1.) Plaintiff has instituted the above suit under Order 37 of CPC, for recovery of Rs. 24,75,607 with interest thereon. Plaintiff is engaged in the business of manufacturing and sale of various types of jersey/polyster, cotton clothes etc. The defendant No. 1 M/s. Kalatex is a partnership firm with defendant No. 2, 3 and 4 as partners carrying on the business of manufacturing readymade garments.
(2.) Defendant No. 2 is stated to be the managing partner of defendant No. 1, who conducted business transactions on behalf of the defendant firm with the plaintiff. The defendants ordered and plaintiffs supplied, from time to time, various types of jersy polyster cotton fabrics to the defendants. These supplies were duly acknowledged by the defendant firm who received these goods on credit. Payments were being made from time to time. However, the defendants did not make the payment for all the supplies and various cheques issued by the defendants towards payment of the outstanding dues were dishonoured upon presentation. The defendants also acknowledged their liability as on 31.3.98 vide fax communication dated 22.8.98.
(3.) The suit was registered and summons were issued on 5.9.2001 to the defendants to be served in the form prescribed under Order 37 Rule 2(3) CPC. Summons were received at the office of Defendant No. 1 on 22.11.2001.;


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