S S STEEL INDUSTRY Vs. GURU HARGOBIND STEELS

JUDGEMENT

(1.) Petitioner impugns the order dated 26.11.2016, whereby the Suit of the petitioner / plaintiff filed under Order XXXVII Code of Civil Procedure has been directed to be treated as an ordinary Suit. Petitioner has also impugned order dated 11.10.2018, whereby the application seeking recall / review of the order dated 26.11.2016 has been dismissed.

(2.) Petitioner filed the subject Civil Suit under Order XXXVII CPC claiming recovery of Rs. 37,51,513/- being the amount due to the plaintiff for sale and supply of material inter alia steel scrap to the respondent.

(3.) The Suit is based on ten invoices. The Suit was filed for ten invoices totalling to Rs. 47,23,996/-. The Suit was filed after giving an adjustment of Rs. 12,57,351/-, which the plaintiff stated was the sale consideration for the material i.e. old scrap, iron material, which was stated to have been purchased by the plaintiff from the defendant.