KASHMIR SINGH Vs. PKF FINANCE LTD.

JUDGEMENT

(1.) Heard.

(2.) For the reasons mentioned in the applications, the same are allowed and delay of 143 days in refiling of the appeal and the delay of 5 days in filing of the appeal stand condoned. RSA-5051-2013(O&M) Briefly stated, the facts of the case are that plaintiff - M/s PKF Finance Ltd., G.T. Road, Jalandhar through Sh.Nirmal Singh, Senior Section Officer of Legal Department had brought a suit for recovery of Rs.2,70,000/- along with interest @ 24% per annum w.e.f. 2.8.2002 till its realization against defendant Kashmir Singh son of Dalip Singh, Proprietor M/s Zimidara Tractors, village Wadala Adda Boli, P.O. Naringarh, District Amritsar.

(3.) As per the case of the plaintiff, plaintiff is engaged in business of hire, purchase and leasing of all types of vehicles and finance thereof; a sum of Rs.2,70,000/- was paid to the defendant vide demand draft No.972901 dated 31.7.2002 drawn on Oriental Bank of Commerce payable at Amritsar for the purchase of vehicle tractor Balwan-500; the price of the vehicle after its total assembly was Rs.4,10,000/-; an amount of Rs.2,70,000/- was duly received by defendant on 2.8.2002 but he failed to deliver the vehicle to the plaintiff despite repeated requests and demands since the plaintiff was to deliver the vehicle to its client Makhan Singh son of Pritam Singh, resident of VPO Raja Sansi, District Amritsar on the basis of Hire Purchase Agreement, the plaintiff had served a legal notice upon the defendant through its counsel dated 5.2.2003 but the defendant neither sent any reply to the notice nor delivered the vehicle or refunded the amount. Feeling aggrieved the plaintiff had brought the suit in question.