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Judgment
Valmiki J Mehta, J.—This is a suit for recovery of Rs. 22,84,185/- against the two defendants i.e. M/s Veekay Marketing P. Ltd.-defendant no. 1 and M/s S.M. Dyechem Ltd.-defendant no. 2. Defendant no. 1 is ex parte and defendant no. 2 is a sick company and proceedings are going on before BIFR. This suit has been filed for recovery by the plaintiff on the ground that plaintiff was purchasing raw-materials from the defendant-companies for manufacturing of their products which are polyster type and based printed material for packaging glassine, paper, board etc. As per the case of the plaintiff, various amounts were paid to different parties on the request of the defendant nos. 1 and 2 for the raw-materials which were to be supplied to the plaintiff. The contract between the parties is dated 18.12.1987 for supply of 60 M.T.LDPE. Plaintiff is said to have paid an amount of Rs. 14,34,000/- i.e. Rs. 5,25,000/- to the defendant no. 1 and Rs. 9,09,000/- to the defendant no. 2. The defendant no. 1 company had issued three cheques of Rs. 3,03,000/- dated 26.4.1989, 25.5.1989 and 1.6.1989, which were dishonoured on presentation. Plaintiff, therefore, claims a total sum of Rs. 22,84,185/-, of which a sum of Rs. 14,34,000/- is towards principal and Rs. 8,50,185 towards interest.
Plaintiff has filed an affidavit by way of evidence and has proved the power of attorney and resolution to file the suit as Ex.PW1/1 and Ex.PW1/2. The contract between the parties dated 18.12.1987 has been exhibited as PW1/5. The letters along with the payments made to the defendants have been proved and exhibited as Ex.PW1/6 and Ex.PW1/7 showing payment of Rs. 14,34,000/-. Plaintiff has also made averments with respect to dishonouring of the three cheques, and with respect to which, complaint u/s 138 of the Negotiable Instrument Act, 1881 is pending before the concerned Court of Metropolitan Magistrate at Patiala House Court.
In view of the above, plaintiff has proved that the defendants received payment but failed to supply raw-materials, and therefore, the suit of the plaintiff is decreed against the defendant no. 1 for a sum of Rs. 14,34,000/- alongwith interest at 9% per annum simple from 1.6.1988 till the date of payment. Plaintiff is also entitled to costs as per the rules of this Court. The suit is therefore decreed against the defendant no. 1 and decree sheet be prepared accordingly. So far as the defendant no. 2 is concerned, the present suit is disposed of for the present with liberty to the plaintiff to revive this very suit either on the defendant no. 2 company ceasing to be a sick company or plaintiff getting the permission from BIFR to proceed with the present suit.