TANEJA SKINS CO PRIVATE LIMITED Vs. BHARAT SKINS CORPRATION

JUDGEMENT

(1.) M/s Taneja Skins Co. Pvt. Ltd has filed: the present suit against M/s Bharath Skins Corporation (for short the defendant) for recovery of Rs.26,30,000.00.

(2.) The facts alleged are that the defendant has been purchasing from the plaintiff skins and hides of various qualities on credit basis from time to time. The plaintiff had opened an account of the defendant in its books of accounts and the purchases so made by the defendant from the plaintiff were duly and regularly debited to the said account of the defendant. Similarly the payments received from the defendants from time to time have also been duly and regularly credited to the said account of the defendant maintained by the plaintiff in its books of accounts. The books of accounts are regularly maintained in the ordinary course of business. In this process the defendant had opened a running account therein purchases made by the defendant from the plaintiff Mere duly debited from time to time. Similarly; the payments received from time to time Mere also duly credited. On 1/7/1978 a sum of Rs.1,00,518.05 was outstanding from the defendant. The said balance outstanding Mas adjusted by the defendant on 23/10/1978. The defendant continued to make purchases of shins and hides from the plaintiff and the said purchases made by the defendant from the plaintiff had been duly debited to the running account of the defendant maintained by the plaintiff in the ordinary and regular course of business. Detail of the purchases made have been given in the plaint. It is asserted that a sum of Rs.19,45,982.26 was outstanding to the plaintiff on 6/6/1985.

(3.) As per the plaintiff, defendant had promised to make the payment of the balance amount and to clear the dues of the plaintiff in the first week of June 1985. It had failed to make the payment. A notice in this regard dated 26/06/1985 was served by the, plaintiff. After receipt of the notice a reply was sent and a further payment of Rs.2,000.00 in cash on 24/07/1985 and Rs.5,000.00 vide cheqe dated 30/7/1985 had been received. Interest is also claimed on the balance amount at the rate of 18% per annum and on basis of this facts the present suit has been filed.