Negotiable Instruments Act, 1881

FACTS

The Petitioner is the Director of a Company named as M/s Durga Trade Links Pvt. Ltd. (hereinafter referred to as "The Company").The Respondent is a Trust registered under the Indian Trusts Act, 1882.

The Respondent had entered into a contract for the construction of school buildings, etc. In this regard they required some steel for the construction of the said project. In lieu of such procurement of steel, the Respondents entered into a contract for the purpose of supply of steel with the Company.

The Respondent made an advance payment for the aforesaid contract of supply of steel however the Company failed to comply with the requirements of the contract entered into with the Respondent. Thus, the Respondent demanded for the refund of the excess amount paid by the Respondent along with interest.