SAIBABA INDUSTRIES Vs. REMI SALES AND ENGINEERING LTD

JUDGEMENT

(1.) The defendant filed the present writ petition against the order, dated 28.03.2017 on I.A. made in S.C.No.455/2014 rejecting the application filed by him under Order 11, Rule 14 of Code of Civil Procedure.

(2.) The respondent, who is the plaintiff before the trial Court filed suit for recovery of sum of Rs.53,654/- with interest at the rate of 18% p.a. contending that it was doing dealing business in Electrical Goods, D.C. Fans equipments Hospital and other allied products and the defendant/petitioner herein was one of the regular customer of the plaintiff and he used to purchase material/products of their requirements by raising invoices in usual course of business on credit basis. It is further contended that the defendant is having transactions with the plaintiff from long time and the plaintiff has maintained the regular account of the defendant in ledger maintained by them in usual course of business as per the usage and customs and the said account is running account (now maintaining the accounts in computerized manner), etc. and contended that in spite of repeated demand for payment of balance amount along with interest, the defendant has not paid. Therefore, the plaintiff/respondent herein filed suit for recovery of money as prayed for.

(3.) The defendant/petitioner herein filed written statement and admitted the transactions with the plaintiff and denied the other averments and contended that there is no amount due to the plaintiff and sought for dismissal of the suit.