TRANSPORT INDIA 3PL Vs. INDO ALUSYS INDUSTRIES LIMITED

JUDGEMENT

(1.) The instant petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed on behalf of the petitioner, praying as follows:

(2.) Learned counsel for the petitioner submitted that the petitioner/plaintiff is a partnership firm, instituted a suit for recovery of Rs.15,48,496.00 along with interest @ 18% p.a. with pendente lite and future interest against the respondent/ defendant no. 1, which is a company and defendants no. 2, 3 and 4 in the suit, who are the Directors of the Company. It is submitted that the petitioner rendered services to the defendant no. 1 company and raised invoices for the same.

(3.) It is further submitted that the respondent initially made regular payments but defaulted in making the payment in the year 2018 and certain invoices are still due against the respondent. It is contended that the respondent admitted the fact that certain invoices for the time period prior to 14/10/2019, by signing balance confirmation letter on 31/3/2021.