MODERN CONSTRUCTION COMPANY DELHI Vs. HITECH ENTERPRISES

JUDGEMENT

(1.) The present appeal under Sec. 13 of the Commercial Courts Act, 2013 read with Order XLI Rule 1 and Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') has been filed against the judgement and decree dtd. 14/2/2023 vide which the suit of the respondent/plaintiff has been decreed under Order XXXVII of CPC for a sum of Rs.53,69,918.70 along with the interest @18% per annum.

(2.) The facts in brief are that the plaintiff (hereinafter referred to as 'respondent') filed the Suit under Order XXXVII Rule 3(5) of CPC seeking recovery of Rs.53,69,918.70 along with the interest @18% per annum. The plaintiff is a registered Partnership Firm engaged in the business of trading and supply of construction material including aggregates. The defendant (herein after referred to as 'appellant') engaged in the business of engineering and construction, pursuant to an Agreement was supplied the requisite material from 3/8/2017 to 14/1/2019 under various sale Invoices (280 in number), which were duly acknowledged and accepted by the appellant. Goods worth of Rs.72,19,425.50 were supplied during this period. As per terms and conditions of sale, the defendant was also liable to pay 18% per annum interest on delayed payments. A part payment of Rs.48,78,736.00 was made till 29/8/2020 by the defendant but thereafter he failed to make payment of the remaining principal amount of Rs.23,40,689.50 and also interest which comes to Rs.30,29,229.20 as on 30/9/2021. Despite service of Legal Notice dtd. 20/3/2021, the appellant failed to pay the amount; hence the suit for recovery of 53,69,918.70/- was filed.

(3.) The appellant after putting in his appearance, filed his 'Leave to Defend' application wherein it was claimed that there is misrepresentation and concealment of facts by the respondent. The basis of the suit was not any written contract but the balance due at the foot of the Ledger Account. The suit was not covered under Order XXXVII of CPC and was liable to be dismissed.