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TMI Blog2018 (10) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... ding payment of outstanding amount, this court is of the considered view that the plaintiff has established its claim. Hence, the plaintiff is entitled for recovery of the suit amount together with interest. These issues are answered accordingly in favour of the plaintiff and against the defendant. Whether there was any payment of ₹ 5,00,000/- on 22.07.2009 as alleged by the defendant? - Held that:- Even though the defendant contended that the plaintiff had received a sum of ₹ 5,00,000/- by way of demand draft dated 22.07.2009 as final settlement, there is no material to substantiate his contention. However, from a perusal of Ex.P.2 statement of account coupled with Ex.P.3-Invoice (series), it could be seen that the plaintiff had adjusted the said sum of ₹ 5,00,000/- paid by the defendant towards outstanding dues on 23.07.2009 itself and still there was an outstanding of ₹ 19,65354.57 paise as on that date.The defendant did not produce any other materials to substantiate his claim that he had settled the entire outstanding dues. Thus, this is issue is also answered against the defendant and in favour of the plaintiff. Other relief the plaintiff is enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 12.06.2009, no other payment was made by the defendant. 3. It is the further case of the plaintiff that with reference to the outstanding amount, there was a personal discussion between the plaintiff's representative and the defendant and the defendant while confining the discussion, agreed to pay the sum of ₹ 21,43,600/- in two installments viz., ₹ 10,00,000/- on or before 10.08.2009 and the balance of ₹ 11,43,600/- on or before 20.08.2009. The defendant however did not honour the commitment. Again the plaintiff called on the defendant and impressed upon him the urgency of the payment of the outstanding amount. The defendant in his letter letter dated 08.02.2010 admitted the liability to the tune of ₹ 21.75,000/- and stated that he was unable to receive the payment from his customer and as soon as the payment is received, he would pay the dues immediately in one shot. The defendant further stated that he is also making alternative arrangement to clear the outstanding dues. Therefore, he undertook to pay the balance amount in three installment, a sum of ₹ 6,00,000/- on or before, 18.02.2010, a sum of ₹ 10,00,000/- on or before 28.02. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r contended that the outstanding amount mentioned by the plaintiff itself is false and the defendant issued a reply denying his liability. The objection raised by the defendant regarding the supply of sub standard goods were not taken into account by the plaintiff. The plaintiff has manipulated the records and filed the suit. The plaintiff has suppressed several material facts including payment received by them from the defendant. 7. The defendant further contended that without resolving the issue relating to the supply of sub standard goods, no liability could be fastened on the defendant. The plaintiff, in order to confer jurisdiction upon this court, have calculated the interest @ 22% p.a. thereby enhanced the value of the claim from ₹ 9,71,400/- to ₹ 19,65,354.57 paise for arriving the total claim of ₹ 35,21,941.57 paise and to avoid higher court fees. Therefore, the defendant prays for dismissal of the suit. 8. Based on the above pleadings, this court framed the following issues for trial:- (1) Whether the plaintiff is entitled to the suit claim? (2) Whether the claim of the plaintiff for the materials sold and delivered are true and valid? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing amount of ₹ 21,75,000/- in three installments within stipulated time. I have neither mentioned nor denied Ex.P.4 Ex.P.5 letter in my written statement, proof affidavit and additional proof affidavit. 12. From a perusal of Ex.P.4 and Ex.P.5, it could be seen that the defendant has specifically admitted his liability. Even though the defendant in his written statement stated that he has paid the entire outstanding amount to the plaintiff, in his cross examination, he has admitted that he has not produced any materials much less the statement of account to substantiate his contention. Even in his cross examination, he categorically admitted that he has not produced the invoices available in his office for which he alleged to have already made payment to the plaintiff. 13. Considering Ex.P.3 Invoice (series) and the categoric statement made by the defendant in his cross examination admitting his liability under Ex.P.4 and P.5 and in the absence of any material to substantiate his contention regarding payment of outstanding amount, this court is of the considered view that the plaintiff has established its claim. Hence, the plaintiff is entitled for recovery of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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