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1. Vide this order, I shall dispose off the present application under order XXXVII Rule 3 (5) CPC r/w section 151 CPC filed by the defendant seeking unconditional leave to defend and the grounds pleaded by the defendant seeking unconditional leave to defend are as follows:­ a. The suit is based on running statement of account maintained by the plaintiff itself, therefore, suit is not maintainable U/o XXXVII CPC.

b. The goods were supplied and delivered by the plaintiff to the defendant at his work place/industrial plant at Bhiwadi, Rajasthan on credit basis. The entire transaction has taken place at Bhiwadi, and Suit no. 114/12 M/s. SCJ Plastic Ltd. Vs. M/s. Jaishree Polyplast Pvt. Ltd. 1/10 even the payment by the defendant to the plaintiff was made at Bhiwadi, thus this court has no territorial jurisdiction to entertain the present suit.

f. Goods vide bill No. 3250 were sent by the plaintiff to the defendant on trial basis and there was no actual sale.

g. The defendant has made excess payment of Rs. 37,870/­ to the plaintiff.

2. Reply to the present application was filed by the plaintiff denying that the defendant is able to raise any triable issue.

Suit no. 114/12 M/s. SCJ Plastic Ltd. Vs. M/s. Jaishree Polyplast Pvt. Ltd. 2/10

3. It is stated that the plaintiff had based his suit on the basis of detailed statement of account according to which the balance payment of Rs. 1,96,387/­ is required to be paid by the defendant vide invoice no. 3253 dated 20.10.2011 for Rs. 2,21,341/­ and since the suit of the plaintiff is based on invoice which is written agreement, therefore the suit is maintainable under order XXXVII CPC.

6. It is stated that the present suit has been signed, verified and filed by duly authorized person of the plaintiff company vide resolution passed by Board of Directors of plaintiff company, extract of which was duly signed by Chairman cum MD of the plaintiff company.

Suit no. 114/12 M/s. SCJ Plastic Ltd. Vs. M/s. Jaishree Polyplast Pvt. Ltd. 3/10

7. It is further stated that the defendant has used the goods so supplied by the plaintiff company after inspecting the same and if any material was not used, the same was returned and the plaintiff had issued credit note bearing no. 607 dated 22.10.2011 for 3,06,016/­ in respect of goods supplied vide invoice No. 2844 and 2850, thus it is averred that due credit was given to the goods which were returned by the defendant to the plaintiff Co.

10. The plaintiff had further denied any excess payment averring that as on date an amount of Rs. 1,96,387/­ is due from the defendant.

11. In rejoinder to the reply affidavit, the defendant had denied each and every averments of the reply.

Suit no. 114/12 M/s. SCJ Plastic Ltd. Vs. M/s. Jaishree Polyplast Pvt. Ltd. 4/10

12. Arguments were addressed by Ld. counsels for both the parties.

13. During the course of arguments, both the counsels had filed certain judgments as to the maintainability of the present suit under order XXXVII CPC.