Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

Aganall Traders Limited Versus Shri Shyam Ahuja

1998 (12) TMI 630 - DELHI HIGH COURT

Dated:- 1-12-1998 - D Bhandari, J. ORDER Dalveer Bhandari, 1. The plaintiff M/s. Agnall Oil Traders Limited is incorporated under the Companies Act, 1956. The plaintiff is an authorised dealer for the sale of Maruti Vehicles and its spare parts. The defendant is also engaged in the business of trading and sale of automobile parts and allied products. The defendant had purchased goods from the plaintiff. Admittedly, all the purchases were made on credit by the defendant. It is alleged that as per .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

int that the defendant vide letter dated 8.8.1992 regretted or his failure to keep his commitmentregarding the repayments on account of his financial condition. 2. The defendant has issued cheques to the plaintiff to clear entire outstanding amount. The defendant had also signed a promissory note on 8.8.1992. In the said promissory note, the defendant agreed to pay ₹ 17,10,47.43 with interest at the rate of 22%. 3. It is alleged in the plaint that on 18.8.1992, the plaintiff and the defend .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in on 10.1.1993, an agreement was arrived at between the plaintiff and the defendant in which the defendant had again confirmed the transaction with the plaintiff. It is further alleged in the plaint that a sum of ₹ 19,48,948.19 with interest at the rate of 22% per annum from the due date f payment under the respective bill was payable to the plaintiff. The defendant offered to pay the amount in installments by issuing fresh cheques. It is also alleged that by way of security for the sums .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d a leave to defend application (I.A. No. 138/94). In the application, it was stated that the suit under Order xxxvII CPC is not maintainable. It is not denied that the goods were purchased on credit by the defendant from the plaintiff. It is also mentioned that it was agreed to pay interest at the rate of only 18 per cent on the terms and conditions agreed and not on unpaid purchase, as alleged, in the affidavit. The defendant had agreed that the letter dated 8.8.1992 was drafted and got typed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dant that after paying the entire amount when the defendant demanded the post dated cheques from the plaintiff, the plaintiff company on one excuse or the other did not return the post dated cheques. The plaintiff had given an undertaking that these cheques shall not be presented to the bank for encashment but despite the undertaking these cheques were presented and were consequently dishonoured. The entire defense of the defendant is that he had paid the amount in cash to the plaintiff. The fur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the affidavit filed by the defendant is frivo-lous, vexatious and consequently liable to be rejected. The plaintiff specifically denied that the defendant had paid to the plaintiff company ₹ 5 lakhs or any amount in cash. According to the plaintiff this allegation of the defendant is entirely baseless and without any foundation. It is mentioned that in pursuance to the agreement dated 15.8.1992, executed between the plaintiff and the defendant post dated cheques were issued by the defenda .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the defendant had withdrawn ₹ 5 lakhs or any other amount from his bank accounts does not mean that the said amount was paid to the plaintiff. The further defense of the defendant is that he paid ₹ 5 lakhs without obtaining any receipt or receipts cannot be accepted according to the plaintiff. The plaintiff asserted that the defense of the defendant is totally without foundation particularly in view of the agreement between the parties and the promissory note. It is submitted on beha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

amp; Another; 66 (1997) Delhi Law Times 151 (DB). In this case the court granted conditional leave to defend. The facts of the said case have no application as far as facts of the case in hand are concerned. 10. The learned counsel for the defendant has placed reliance on the judgment of the Supreme Court in M/s. Mechanic Engineers & Manufacturers Vs. M/s. Basic Equipment Corporation; . Their Lordships of the Supreme Court have laid down that the following principles should be kept in view w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

end. d) If the defendant disclose such facts as may be deemed sufficient to entitle him to defend that is to say, although the affidavit does not positively and immediately make it clear that he has a defense, yet, shows such a state of facts as leads to the inference that at the trial of the action he may be able to establish a defense to the plaintiff's claim the plaintiff is not entitled to judgment and the defendant is entitled to leave to defend but in such a case the court may in its d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version