WOODPECKERS INDIA PVT LTD Vs. RAJ ARORA

JUDGEMENT

(1.) The suit [CS(COMM) 330/2021] has been filed by the plaintiff against the defendant for recovery of Rs.2,27,93,523.76/- along with interest. The case, as set up by the plaintiff, is that the parties were having business transactions in plywood, wood, laminates, etc. The defendant had been purchasing these semi-furnished goods from the plaintiff since 2001. A running account was being maintained and the plaintiff raised invoices from time to time upon the defendant for the goods/materials delivered to the defendant, who however, made only part payments. As a result, a sum of Rs.2,27,93,523.76/- became the outstanding principal amount. It is submitted that the plaintiff made several efforts to recover the said outstanding payment from the defendant, but the defendant was intentionally, deliberately and willfully neglecting to pay the outstanding amount. Thus, the plaintiff was compelled to file the suit.

(2.) While directing issuance of summons to the defendant, this court vide orders dated 20th July, 2021 had issued interim directions as follows:-

(3.) Vide the instant application [I.A.8649/2021], the plaintiff has prayed that since the intention of the defendant was more than apparent that he was not going to discharge his obligations, the properties of the defendant, namely, (a) M/s. Raj Furniture, situated at 16/5, Main Mathura Road, Faridabad, Haryana- 121002, India, (b) Factory, situated at 16/6, Mohan Market, Mohan Babawali Gali, Faridabad, Haryana-121002, India, and (c) House No.1464, Sec-15, Faridabad, Haryana-121007, India, be attached. Further directions are sought to restrain the defendant and his family members, attorneys, etc., from creating any third party interest in these properties till the disposal of the suit.