1. Sh. Keemat Jain 2. Sh. Lalit Jain Both Props/Directors/Partners of M/s. Western Syndicate, A1/46, Maiwali Nagar, New Delhi. IInd Address : 3, Kadambari Society, Jaivraj Park, Ahmedabad. 3. M/s. N.F.C. Chemical Limited, 10/357, Sunder Vihar, Outer Ring Road, New Delhi. Through its Directors, Sh. Keemat Jain & Sh. Lalit Jain ..........Defendants Date of Institution : 17.08.2001 Page 1 of 22 :2: Date of Judgment : 24.12.2007 SUIT FOR RECOVERY JUDGMENT 1. This is a suit for the recovery of Rs. 1,43,800/ (Rupees One Lac Forty Three Thousand Eight Hundred Only) along with interest filed by the plaintiff against the defendants. Briefly stated the facts of the case are as under : It is the case of the plaintiff that plaintiff, Dr. Dinesh C. Upadhyay is the proprietor of M/s. Shiva Scientific Company. Defendant no. 1, Sh. Keemat Jain and defendant no. 2, Sh. Lalit Jain are the Proprietors/Directors/Partners of M/s. Western Syndicate. Defendant no. 3 is M/s. N.F.C. Chemical Ltd. through its Directors Keemat Jain and Lalit Jain. It is the plaintiff's case that defendant no. 1 & 2 under the name & style of M/s. Western Syndicate, A1/46, Miawali Nagar, New Delhi, placed an order with the plaintiff for the supply of Blood Group "Sera" on 13.02.1999. The said order was placed by way of telephonic call to the Page 2 of 22 :3: plaintiff. It is stated that M/s. Western Syndicate is the sister concern of the defendant no. 3 i.e. M/s. N.F.C. Chemicals Ltd., of which the defendant no. 1 & 2 are the Directors. The plaintiff pursuant to the telephonic order of the defendants, supplied the goods as detailed herein under : SUPPLY OF BLOOD GROUP "SERA" S. NO. PRODUCT PACKING QTY. UNIT(RS.) TOTAL 1. ANTIAB (MONOCLONAL) 10ml 200 51.00 10,200.00 IgG+Igm KITS 2. ANTIA (MONOCLONAL) 10ml 800 51.00 40,800.00 IgG+Igm KITS 3. ANTIB (MONOCLONAL) 10ml 800 51.00 40,800.00 IgG+Igm KITS 4. ANTID (MONOCLONAL) 10ml 800 190.00 1,52,000.00 __________________________________________________________________ TOTAL Rs. 2,43,800.00 2. The aforesaid goods were supplied to the defendants by the plaintiff vide challan no. 850 dated 20.03.1999, the delivery of the goods was duly received by the defendants through their authorized persons. It is stated that the said goods as delivered by the plaintiff, were later on supplied by the Page 3 of 22 :4: defendants to "National AIDS Control Organization, (Punjab Government), Director, Health & Family Welfare, Chandigarh" on 26.03.1999. It is the plaintiff's case that the defendants assured the plaintiff of making the full and final payment towards the goods supplied, as and when the payment is received from the aforesaid organization to which the defendants have supplied the goods. The defendants towards the part payment of the bill raised by the plaintiff, paid Rs. 1,00,000/ in advance to the plaintiff, the details of which are given hereinunder : (i) Rs. 50,000/ by way of cheque drawn on Vijaya Bank, New Delhi issued by the defendant no. 3; (ii) Rs. 25,000/ vide cheque no. 362112 dated 10.03.1999 drawn on Vijaya Bank, New Delhi issued by defendant no. 3; (iii) Rs. 25,000/ vide cheque no. 362113 dated 13.03.1999 drawn on Vijaya Bank, New Delhi issued by defendant no. 3; After making the aforesaid part payment of Rs. 1,00,000/ in advance, the defendants assured the plaintiff of making the payment of remaining balance amount of Rs. 1,43,800/ as soon as possible, after receiving the payment from the Director, Health & Family Welfare, (NACO