RETAIL SERVICES LTD. Vs. TTK PRESTIGE LTD.

JUDGEMENT

(1.) FOR the reasons stated in the application since appellant had sought review before the learned Single Judge of the impugned judgment and decree dated April 08, 2013 which was dismissed on January 10, 2014, we condone 243 days' delay in filing the appeal.

(2.) VIDE impugned judgment and decree dated April 08, 2013 IA No.4674/2012 filed by the appellant under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 has been dismissed and suit under Order XXXVII filed by the respondent has been decreed in sum of Rs.20,52,551.78 (Rupees Twenty Lacs Fifty Two Thousand Five Hundred Fifty One and Seven Eight Paisa only) together with interest @ 10% per annum on the sum of Rs.14,77,761.81 (Rupees Fourteen Lacs Seventy Seven Thousand Seven Hundred Sixty One and Eighty One Paisa only) from when suit was instituted till date of payment.

(3.) ORDER dated April 08,2 013 dismissing IA No.4674/2012 would reveal that the appellant did not deny the averment in the plaint that the plaintiff had supplied goods as per invoices, being seven in number, referred to in the plaint with copy filed. But had claimed that there was a short supply and some goods were defective. The order would record that counsel for the appellant conceded that neither was there any particulars in the pleading nor was any document filed that after the goods were received in a packed condition as per the invoices the appellant wrote to the plaintiff that the goods were short supplied or within a reasonable time of receipt of the goods intimated rejection of part thereof. Thus, said defence has been read as a moon shine by the learned Single Judge.