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Showing contexts for: Filter paper in M/S Luman Auto Light Pvt. Ltd vs M/S Angel Auto Associates on 30 August, 2022Matching Fragments
1st lot of 5,000 pieces on or before 30.12.2007 2nd lot of 21,000 pieces on or before 20.01.2008
5. It is further stated that at the very same time of placing of the order with the defendant, the plaintiff company also paid an advance of Rs. 50,000/ to the defendant firm vide cheque no. 120432 dated 17.12.2007 and on the specific request of the defendant, the plaintiff company also purchased and procured the raw material i.e. filter paper for and on behalf of the defendant and paid an amount of Rs. 2,48,280/ to the supplier of the filter paper for and on behalf of the defendant firm as it was specifically assured and agreed by the defendant that the amount of Rs. 2,48,280/to the supplier of the filter paper for and on behalf of CS SCJ NO.610158/16 M/s Luman Auto Light Pvt. Ltd. vs. M/s Angel Auto Associates 4/ 27 defendant firm as it was specifically assured and agreed by the defendant that amount of Rs. 2,48,280/ be adjusted from the account of the defendant towards the supplies of filter. Thus plaintiff company on 17.12.2007 paid an amount of Rs. 50,000/ to the defendant towards the advance of suppliers and also supplied the filter paper to the defendant for the purposes of manufacturing filter for the value of Rs. 2,48,280/. It is further stated that defendant failed to adhere the terms and conditions of making the supplies and miserably failed to supply any filter in terms of P.O. No. 1415 dated 17.12.2007 and neither supplied 1st Lot of 5000 pieces of filter by 30.12.2007 nor supplied 2nd Lot of 21,000 pieces of filter by 20.01.2008. Surprisingly, the defendant supplied the 9765 pieces of the filter to plaintiff company vide bill no. 2652 dated 01.02.2008, however to the utmost shock and surprise of plaintiff company, the filter supplied to plaintiff company vide bill no. 2652 dated 01.02.2008 were not only defective but were not at all of appropriate quality and standard. Hence, the filters which were supplied by the defendant to plaintiff company under the aforesaid bill no. 2652 were rejected and were returned back to the defendant firm vide plaintiff company's delivery challan no. 105, dated 28.02.2008 under G.R. No. 2745 Truck No. DL1 LD4315.
6. It is further stated that in pursuance to the order placed by plaintiff company with the defendant firm for the purpose of supplying 26,000 number of filter vide PO No. 1415 dated 17.12.2007 and as per the books of accounts duly maintained by plaintiff company in its routine course of CS SCJ NO.610158/16 M/s Luman Auto Light Pvt. Ltd. vs. M/s Angel Auto Associates 5/ 27 business,plaintiff company had purchased 2069 Kgs of filter paper for and on behalf of defendant firm amounting to Rs. 2,48,280/ and supplied/delivered the filter paper to the defendant firm. It is further stated that the plaintiff company had also paid an advance of Rs. 50,000/ to the defendant, thus a total amount of Rs. 2,98,280/ was paid and credited in favour of defendant firm. It is further stated that admittedly the defendant failed to adhere to the terms and conditions of the PO and did not supply the material as per requirement/P.O, thus an amount of Rs. 2,98,280/ is due and payable by the defendant firm to the plaintiff company. It is further stated that the defendant took the order for supply of material and had accepted and taken the delivery of the aforesaid filter elements solely with the purpose to cheat, deceive and play fraud with the plaintiff company and the assurances given by the defendant for supplying the material/filters were totally false. It is further stated that till date, the plaintiff company has not received back any amount from the defendant on account of aforesaid transactions and supplies and total amount of Rs. 2,98,280/ is due and recoverable from the defendant by the plaintiff company.
17.12.2007 for supply of filters. Cause of action is further based upon recovery of purchased filter paper amounting to Rs. 2,48,280/.
26. Plaintiff had filed delivery challan (Ex PW 1/ 4) to show delivery of paper filter to defendant. Plaintiff had also filed Mark B showing return of goods to defendant. Plaintiff had also filed ledger account. The material facts in the plaint disclose cause of action in favour of the plaintiff. On the basis of plaint and documents filed along with the plaint, this court does not find that there was no cause of action in favour of plaintiff for filing the present suit.
36. PW1 during his crossexamination conceded that he did not place on record purchase of filter paper as mentioned in para 6 of Ex PW1/A. Plaintiff has not been able to prove signatures of Mr. Sanjeev CS SCJ NO.610158/16 M/s Luman Auto Light Pvt. Ltd. vs. M/s Angel Auto Associates 22/ 27 Walia at point B on Ex. PW 1/ 4.
37 In para 5 of the W.S., it is pleaded that an order was placed for supplying filters and in pursuance of the said order defendant had supplies 9765 pieces filter elements for Massey @ Rs. 22.33p, total worth Rs. 2,24,594/ to the plaintiff. DW1 during his cross examination conceded that filters ordered to be supplies were 10,000. There is discrepancy in the crossexamination of DW1 with respect to supply of quantity compared with what is stated in the W.S. and Ex. DW 1/14.