It is further noticed that the defendants have relied on bill no.21 for Rs.5,53,257/- for alleging supply of material to the plaintiff but DW-1, the sole witness of the defendants, did not tender the said document in support of his examination in chief. Further the defendants have nowhere specified as to by which mode the order was placed by the plaintiff on the defendants in respect of which the defendant has relied on invoice dated 30.04.2009. PW 1 in his cross-examination conducted on 10.10.2012 has reiterated that the oral order referred to in his affidavit of evidence was placed by him personally on 12.04.2007 and on 14.12.2012, PW1 in his cross examination again stated that it was only a verbal order. In view of these observations, the plaintiff has been able to establish his case with preponderance of probabilities and the defendant has failed to establish that they supplied the goods on 30.04.2009 vide bill no.21 to the plaintiff. Thus issue no.1 is decided in favour of the plaintiff and against the defendants. However, the plaintiff has not placed any document on record to show that it suffered loss of goodwill or reputation and therefore no amount can be awarded in favour of the plaintiff for the loss of business and loss of reputation in view of section 73 of Contract Act.”
