Supreme Court - Daily Orders
Ashok Jain vs Harish Mansukhani on 3 September, 2019
Bench: Deepak Gupta, Aniruddha Bose
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 664/2012
ASHOK JAIN Appellant(s)
VERSUS
HARISH MANSUKHANI Respondent(s)
O R D E R
The suit out of which this appeal arises was filed for recovery of price of plastic goods allegedly supplied by the plaintiff to the defendant. The admitted case of the parties is that both the parties were in business dealings with each other.
According to the plaintiff, he had supplied a large number of goods to the defendant. He received payment for some of the goods but did not receive payment for remaining, therefore, he filed a suit for recovery of about Rs.12 lacs. As stated above, the defendant did not deny that he had business dealings with the plaintiff but his only defence was that these goods had not been supplied.
This fact had to be proved by the plaintiff. The plaintiff had only produced ledger account of the defendant. This by itself cannot be a proof of accounts. The cash book etc. which showed day-to-day transactions has not been produced on record.
Signature Not VerifiedDigitally signed by MEENAKSHI KOHLI Date: 2019.09.07
Another factor is that according to the plaintiff, out of 12:39:39 IST Reason: the goods for which payment was not received, a large number of 1 goods were delivered to the parties at the asking of the defendant. The plaintiff has failed to prove this fact also. We, therefore, find no error in the impugned judgment passed by the High Court.
The civil appeal is accordingly dismissed. No costs. Pending application, if any, stands disposed of.
…....................J. [DEEPAK GUPTA] …....................J. [ANIRUDDHA BOSE] NEW DELHI;
September 3, 2019.
2 ITEM NO.107 COURT NO.13 SECTION XIV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 664/2012 ASHOK JAIN Appellant(s) VERSUS HARISH MANSUKHANI Respondent(s)
Date : 03-09-2019 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s) Mr. Kush Chaturvedi, Adv.
Mr. Siddharth Khattar, Adv.
Mr. Aakash Khattar, Adv.
Ms. Priyashree Sharma, Adv.
Mr. Gagan Gupta, AOR For Respondent(s) Dr. Vinod Kumar Tewari, AOR UPON hearing the counsel the Court made the following O R D E R The civil appeal is dismissed in terms of the signed order. Pending application, if any, stands disposed of.
(MEENAKSHI KOHLI) (NISHA TRIPATHI) COURT MASTER COURT MASTER
[Signed order is placed on the file] 3