2024 (6) TMI 608 - HC - Indian Laws

Maintainability of suit - goods were supplied and delivered as per the requirements of the defendant or not - recovery alongwith interest on account of goods sold and delivered - time limitation - HELD THAT - The plaintiff has not proved what was the total cost of the materials supplied by the plaintiff to the defendant and how much amount has been paid by the defendant to the plaintiff. The plaintiff has made out the specific case that the last payment was made by the defendant on 4th February, 2013 but the plaintiff failed to prove the same. As per the bank statement, confirmation of account, challans and tax invoices all the transactions are till 2011 and the plaintiff has filed the suit on 27th January, 2016, thus the suit filed by the plaintiff is barred by limitation. This Court finds that the plaintiff failed to prove the case and the suit is also barred by limitation. Application dismissed.

Issues involved:
The issues involved in the judgment are the maintainability of the suit, whether the goods were supplied as per the defendant's requirements, the entitlement of the plaintiff to recover a specific sum along with interest, the entitlement to the prayed-for decree, and the extent of reliefs the plaintiff is entitled to.

Maintainability of the Suit:
The plaintiff filed a suit seeking a decree for a specific sum along with interest. The defendant alleged inferior quality of goods, suppression of payment statements, absence of outstanding dues, and lack of receipts for a cash payment made. The plaintiff initiated criminal proceedings under Section 156 (3) of the Criminal Procedure Code, sent notices for payment, and published legal notices. The defendant entered appearance, filed a written statement, but failed to complete discovery and inspection of documents. The plaintiff presented evidence through a witness and exhibited various documents to support the claim.

Supply and Delivery of Goods:
The contract between the parties involved the supply, delivery, and sale of iron and steel materials based on agreed terms and conditions. The plaintiff provided evidence through witness testimony and exhibited documents such as challans, tax invoices, paper publications, account statements, letters, and bank statements to demonstrate the supply and delivery of goods as per the contract. The defendant accepted the goods without protest initially but later disputed the quality and alleged non-issuance of receipts for a cash payment.

Recovery of Specific Sum and Interest:
The plaintiff claimed a specific sum along with interest at 24% per annum for goods sold and delivered to the defendant. Exhibited documents included interest calculations, account statements, letters demanding payment, and bank statements. The plaintiff alleged non-payment of dues by the defendant, partial payments made but not proven, and outstanding principal amount with accrued interest. However, the plaintiff failed to provide conclusive evidence of total costs, payments received, and the last payment date, leading to discrepancies in the claim.

Entitlement to Decree and Limitation:
The court found that the plaintiff failed to prove the total cost of materials supplied, payments received, and the last payment date. The evidence presented, including bank statements, account confirmations, challans, and tax invoices, only covered transactions until 2011. As the suit was filed in 2016, the court deemed it barred by limitation. Consequently, the court dismissed the suit, ruling in favor of the defendant.

Conclusion:
In conclusion, the court dismissed the suit due to the plaintiff's failure to prove the case and the suit being barred by limitation. The decree was drawn accordingly, resulting in the dismissal of C.S. No. 14 of 2016.

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