RATHI STEEL LIMITED Vs. S TECHNOCRATS(P)

JUDGEMENT

(1.) IA No.13981/2013 (O.XXXVII Rule 3 (5) CPC)

(2.) The Plaintiff's averments are that the Defendant by a written request dated 15.07.2009 (through fax) placed an order for supply of 99.280 MT TMT bars, as detailed in para 4 of the plaint. The amount payable by the Defendant in respect of 99.280 MT TMT bars was Rs.31,93,421/-. It is averred that the Plaintiff had been orally and in writing requesting the Defendant to make payment of the goods supplied. The Plaintiff again wrote a letter dated 16.11.2009, requesting the Defendant to clear the outstanding payment of Rs.31,93,421/-. For the sake of convenience and proper appreciation of the case, it would be appropriate to extract the letter herein:- <FRM>JUDGEMENT_131_LAWS(DLH)10_2014_1.html</FRM>

(3.) It is averred that the Defendant wrote a letter dated 27.11.2009 (Document 5) asking the Plaintiff to resolve the matter regarding quality at sight with one Mr. Bharat Bhusan. The letter is extracted hereunder:-