2002 (5) TMI 878 - HC - Indian Laws

Summary

Issues:
1. Suit for recovery based on unpaid bills for tickets sold.
2. Dispute over the authenticity of the bills/invoices.
3. Burden of proof on the appellant to establish the facts alleged by the respondent.
4. Examination of evidence regarding the authenticity of the bills/invoices and signatures.

Analysis:
1. The appellant filed a suit for recovery of unpaid bills for tickets sold as the authorized agent of Indian Airlines. The respondent contested the suit, claiming the bills were forged and fabricated, alleging the appellant's employee committed fraud. The trial court dismissed the suit, leading to the appeal.

2. The dispute centered around the authenticity of the bills/invoices and signatures. The appellant provided evidence through witnesses who testified to the issuance of bills, receipt of tickets by the respondent's employees, and attempts to recover the outstanding amount. The respondent failed to provide substantial evidence to refute the authenticity of the bills/invoices.

3. The appellant argued that the trial court erred in placing the burden of proof on them to establish the facts alleged by the respondent. The court noted that the respondent's employees had signed the bills/invoices in acknowledgment of receiving tickets, shifting the burden to the respondent to disprove the authenticity of the signatures.

4. The evidence presented by the appellant, including witness testimonies and the issuance of a legal notice, supported the authenticity of the bills/invoices. The court found discrepancies in the respondent's arguments regarding the dates on the invoices and highlighted the failure to respond to the legal notice as factors supporting the appellant's case.

5. Ultimately, the High Court set aside the trial court's decision, decreeing the suit in favor of the appellant. The court emphasized the lack of evidence provided by the respondent to challenge the authenticity of the bills/invoices and upheld the appellant's claim for recovery based on the established facts presented during the trial.