BHARAT FORGE LTD Vs. ONIL GULATI

JUDGEMENT

(1.) By this order, IA.3107/03, moved by the defendant under Order XXXVII Rule 3(5) read with Section151 CPC, for grant of leave to contest, is being decided.

(2.) Plaintiff has filed the above suit for recovery of Rs.26,29,858/- (Rs.twenty six lacs twenty nine thousand eight hundred fifty eight only) from the defendant under Order XXXVII of the Code of Civil Procedure as a summary suit. Plaintiff is a manufacturer of steel forgings and finished machine products. Plaintiff claims to have supplied to the defendant Crank shafts. The suit amount represents the balance outstanding price of the goods supplied amounting to Rs.20,72,722, together with interest thereon at 18% per annum w.e.f. 29th September, 2002 to 11th April, 2002 i.e., the date of institution of the suit. Plaintiff also claims pendente lite and future interest at 18% per annum on the suit amount.

(3.) Plaintiff avers that it had raised bills/invoices amounting to Rs.23,80,588/- (Rs.twenty three lacs eighty thousand five hundred eighty eight only), which were duly received and accepted by the defendant. The particulars of the invoices, totalling Rs.23,80,588/- are given in para 4 of the plaint. Defendant in discharge of his liability issued, towards part payment of the outstanding amount, a cheque of Rs.2,54,820/- dated 23.1.2001, drawn on Indian Bank, Kashmere Gate, New Delhi and promised to clear the balance outstanding at the earliest. The said cheque was dishonoured. Defendant was duly notified of the same. Defendant thereupon issued a bank draft of Rs.50,000/- and three cheques bearing Nos.179193 dated 5.6.2001 for Rs.1,50,000/-, 174207 dated 10.11.2001 for Rs.52,618/- and 174206 dated 10.11.2001 for Rs.55,248/-, totalling Rs.2,57,866/-. The bank draft and the aforesaid cheques were duly encashed, leaving a balance of Rs.20,72,722/-(Rs.twenty lacs seventy two thousand seven hundred twenty two only). Plaintiff claims to be entitled to interest at 18% per annum w.e.f. 29.9.2000 till institution of the suit and for pendente lite and future interest at the same rate. Plaintiff, accordingly, has claimed interest of Rs.5,57,636/- on the principal amount of the suit.