AISHNAVI LEATHERS Vs. MULTIZHIP PVT LTD

JUDGEMENT

(1.) THIS appeal has been directed against the decree and judgment in O. S. No. 591 of 1996 on the file of the Court of III Additional Judge, City Civil Court, Chennai.

(2.) EVEN though the appeal was posted under the caption 'for Dismissal', the learned counsel for the appellant present in the Court and argued the appeal, but there was no representation for the respondent.

(3.) THE averments in the plaint in brief are as follows:-The plaintiffs are carrying on their business in zipper materials and based on the orders placed by their customers, the plaintiff/company supplied goods to them. The defendant's representative approached the plaintiff-company on various dates prior to the year 1992 and purchased zipper materials from the petitioner-company. The defendant enjoyed credit facilities and had running credit for Multizip Pvt. Ltd. , account with the plaintiff-company. The plaintiff-company sold and delivered goods to the defendant on various dates. As per the books of accounts maintained by the plaintiff-company, after giving credit to the payments made by the defendant, still there is a balance of Rs. 3,40,115/16 due and payable by the defendant. The statement of account failed along with the plaint reflects the said amount. After adjusting the payments from the amount outstanding by the defendant towards the goods supplied by the plaintiff, the defendant-company is liable to pay to the plaintiff a sum of Rs. 3,04,115/16 towards principal. Further as per the terms and conditions of sale, since the defendant has failed to pay the amount in respect of purchases made by them within the agreed time limit, they are liable to pay interest at 18% pa from 5. 9. 1992 on the principal sum of Rs. 3,04,115/16 as on date which works out to Rs. 1,59,660/84. This in all the amount due from the defendant to the plaintiff comes to Rs. 4,63,776/ -. In spite of the repeated demands, the defendant has failed to pay the suit amount to the plaintiff. Hence, the suit.