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TMI Blog1997 (2) TMI 554X X X X Extracts X X X X X X X X Extracts X X X X ..... debited in the account of the defendants. (3) The plaintiff stopped supply on and after 20.7.76. On 3.11.76 and 25.11.76 the plaintiff raised two debit notes towards interest and debited the said amount to the account of the first defendant firm. By a letter dated 6.2.78, the plaintiff requested the defendant to settle the account between the period from 20.7.76 and 31.3.78, the payments received from the defendants on account were adjusted in seriatum with reference to the purchases made by the defendants. As on 1.4.78 a sum of ₹ 1,90,054.56 was due. The defendants in their Balance Sheet for the year ending 31.3.78 admitted the plaintiff's dues at ₹ 1,74,091,03. This acknowledgement further extended the period limitation by three years. By a letter dated 16/22 June, 1978 the defendants acknowledged the receipt of the statement of account sent by the plaintiff. The defendants in the letter dated 6.2.78 admitted the dues to the extent of ₹ 1,17,768.33 as against the actual amount due ₹ 1,90,054.56 which included two debit notes towards the interest for ₹ 22,365.76 and ₹ 3,367.53. (4) Between 1.4.78 and 22.2.78 the defendants had paid ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the written statement filed by the defendants. The counter claim is registered as Cc No. 1372/86. (9) The plaintiff has filed Ex. P I letter dated 16/22.6.78 written by the plaintiff to the defendants.Ex.PWI/l is the power of attorney infavour of Mr.K.L.Kanthan, Regional Manager, Delhi and Mr. S.L. Mendiratta, Assistant Administrative Officer Delhi jointly or severally, to institute the suit. Ex. Public Witness Public Witness 1/2 is delivery note No. 426 dated 29.3.76. Ex. Public Witness Public Witness 1/3 again is the delivery note No. 431 dated 29.3.1976. Ex. Public Witness Pw 1/4 is also the delivery note No. 438 dated 29.3.76. Ex. Public Witness Public Witness 1/5 is the debit note dated 25.11.76 in and by which the plaintiff has debited a sum of ₹ 3,367.53 towards interest. Ex. Public Witness Public Witness 1/6 is the debit note dated 3.11.76 showing the claim of interest of ₹ 22,365.76. Ex. Public Witness Public Witness 1/7 is the certificate of Incorporation with Memorandum of Association. Exhibits P 2, P 3, P 4, P 5 and P 6 are the bills of exchange drawn for the supply of goods. (10) The defendants had filed documents as Ex. D I letter dated 16.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to send suitable quotation. Ex. D 17 is the letter dated 17.5.75 from the Badarpur Thermal Power Station, Badarpur, to the plaintiff with a copy the defendants asking the plaintiff to submit the quotation. Ex. D 18 is the second page of the letter dated 6.3.74 written by the plaintiff to the Badarpur Thermal Station with a copy to the defendants Ex. D 19 is the terms and conditions for supply of switch gear sent by the plaintiff. Ex. D20 is the letter dated 20.1.76 from the plaintiff to the Deputy Director (Purchase), Badarpur Thermal Power Project, New Delhi. Ex. D 21 is the second page of letter dated 30.10.74 copy of which was endorsed to M/s. Commercial Electric Works. Ex. D 22 is the terms and conditions for supply of switchgear dated 30.10.74. Ex. D 23 is the letter dated 2.3.73 from the plaintiff to the defendants regarding supply of 200A 400A type Fj switch. Ex. D 24 is the copy of Ex. D 23. Ex. D 25 is the letter dated 24.12.73 from the defendants to the plaintiff. Ex. D26 is the letter dated 5.1.74 from the plaintiff to the defendants. Ex. D 27 is the quotation dated 2.6.73 from the plaintiff. Ex. D 28 is the letter dated 2.6.73 from the plaintiff to the defendants rega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the defendants. (13) Defendants examined Dw 1 Mr. Chakresh Kumar Jain. This witness states that he is one of the partners of the defendant's firm. The plaintiff used to supply goods. The dealing with the plaintiff and the defendants continued from the years 1961 to 1976. The witness would also state that Besides supplying the material to us, the plaintiff was also supplying material to Government through us and with our back-up. The plaintiff used to give us commission for the supply that we used to do to the customers. According to this witness, the goods sent through Ex. D 4 was never received by the defendants. The defendants would state that no amount is due from the defendants and the plaintiff owed money to the defendants as claimed in the written statement. In the Chief Examination the witness would not speak to the documents filed by the defendants and nothing is mentioned in the chief-examination as to how the defendants substantiate their claim in the counter claim. No details are given by this witness. In the cross-examination Dw 1 admits that the firm maintained books of accounts. When a question was put to him whether he could produce the balance sheet fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncorporated under the Indian Companies Act and the suit is instituted and the plaintiff's pleadings signed and verified by a duly authorised person ? 2. Whether the plaintiff supplied goods relating to Bill No. 283560 dated 24.3.76 to the defendants ? 3. Whether the plaintiff is entitled to charge interest ? If so, at what rate and to what extent ? 4. Whether a sum of ₹ 68,287.95 is due to the defendants from the plaintiff as alleged in Clauses (a) to (h) of para 27 of the written statement ? 5. Whether the defendants are entitled to a sum of ₹ 20,000.00 from the plaintiff as alleged in para 28 of the written statement ? 6. Whether the defendants are entitled to a commission of ₹ 60,000/ - as alleged in para 29 of the written statement ? 7. Whether the defendants are entitled to a sum of ₹ 7,988.00 as alleged in para 30 of the written statement? 8. Whether the defendants are entitled to a sum of Rs. l,652.00 as alleged in para 32 of the written statement ? 9. Whether the defendants are entitled to the amount mentioned in pare 33 of the written statement ? 10. What amount, if any, is the plaintiff entitled to recover from the defendants? 11. Relief. (i) O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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