The plaintiff has filed present suit against
defendants seeking recovery of sum of Rs.9,00,773/-
with interest at the rate of 18% per annum towards
goods supplied by the plaintiff to defendants.
2. The brief averments of plaint are that:-
The Plaintiff is running a chemical Dyes,
Solvents and Acids business under name and style
Well Thought Chemicals. The defendant No.1 is a
good customer of plaintiff and it used to purchase
textile general chemical materials from it on credit
basis. Being Directors of defendant No.1 company,
defendant Nos.2 to 5 are looking after it’s day to day
affairs. During regular course of business, defendant
Nos.2 to 5 on behalf of defendant No.1 company
placed orders of textile general chemical and plaintiff
delivered said materials to defendant No.1 company
under several invoices in different dates. As per
terms and conditions of invoice, defendants were
supposed to pay the due amount within 30 days to
plaintiff from delivery of goods, but they failed to do
so. On several requests, defendants issued cheques
4 Com.OS.1213/2024
of different dates towards part payment in favour of
plaintiff. but when plaintiff presented the cheques for
encashment, same returned with endorsement as
“Funds Insufficient”. When plaintiff intimated same to
defendants, defendants assured to arrange the
cheques amount and requested plaintiff not to take
any legal action. In the meantime defendants came
to the office of plaintiff and convinced that there was
financial problem in their company and sought time
of some months to settle the due amount. Believing
the assurance of defendants, plaintiff waited with the
hope that they would settle the due amount. But
defendants failed to keep up their promise and
cheated the plaintiff, which made plaintiff to loose
opportunity to file criminal prosecution in respect of
dishonour of above cheques against defendants.
