M/S. SHREE HARI VANSH COLLECTION v. M/S. VENUS GARMENTS

1. This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) impugns the judgments of the Courts below; of the trial Court dated 18.12.2012 and the appellate Court dated 7.9.2013; by which the suit of the respondent/plaintiff under Order 37 of Code of Civil Procedure, 1908 (CPC) has been decreed for a sum of Rs.2,22,748/alongwith interest @ 12% per annum.

2. As per the suit plaint filed by the respondent/plaintiff the appellant/defendant had received garments and for which two bill Nos.119 and 120 were raised. Since these bills were not paid, a demand notice dated 2014:DHC:458 RSA No.243/2013 17.10.2010 was served upon the appellant/defendant, which too failed to yield any result, and therefore the subject suit for recovery was filed.

3. The appellant/defendant after entering appearance filed its leave to defend application and which has been dismissed by the trial court by the impugned judgment dated 18.12.2012 and the appeal of the appellant/defendant has also been dismissed as stated above.

4. There is no illegality or perversity whatsoever in the judgments of the courts below inasmuch as the fact that the appellant/plaintiff admitted to have made payment in cash shows that there is no dispute that goods were received by the appellant. The payment which is alleged to have been made in cash is not shown by means of filing of single document in the courts below or even before this Court. Accordingly, the courts below have rightly refused leave to defend because the defence is a moonshine.

5. In view of the above, there is no merit in the appeal, as no substantial question of law arises, and the same is therefore dismissed, leaving the parties to bear their own costs.

JANUARY 24, 2014 VALMIKI J. MEHTA, J. Ne