GUPTA POLYMERS PRIVATE LIMITED Vs. KAILASH STRUCTURALS LIMITED

JUDGEMENT

(1.) This is a summary suit under Order XXXVII Code of Civil Procedure filed by the plaintiff who is engaged in the business of import and trading of plastic raw material, and in the manufacturing of various plastic products, having its manufacturing unit and godown at A-106, wazirpur Industrial Area, Delhi. Defendant is a company, which is engaged in the business of manufacturing of various plastic products.

(2.) The case set up by the plaintiff is that on 2.5.1998, a meeting was held between the parties wherein certain terms and conditions of the business were settled and which were reduced into writing on 2.5.1998 itself. As per the said terms and conditions, the plaintiff company agreed to provide to the defendant 15 to 30 days credit at the time of sale of plastic raw material by the plaintiff to the defendant. In case of default in payment, the defendant agreed to pay interest @24% per annum to the plaintiff, on the outstanding dues.

(3.) The plaintiff further contends that the defendant company purchased from the plaintiff, on different dates, plastic raw materials and the plaintiff has sold to the defendant the said plastic raw material on the said dates, in accordance with the orders placed by the defendant with the plaintiff from time to time.