INNOVATIVE ENGINEERS Vs. JAY FORMULATIONS LIMITED

JUDGEMENT

(1.) The order impugned in the present Appeal From Order dtd. 7/9/2020 passed in Commercial Suit No.537 of 2020 passed by learned Chief Judge, Small Causes Court, Ahmedabad below application Exh.10 which was filed by the appellant- plaintiff praying for interim injunction. The Special Civil Application captioned together is directed against the same order below application Exh.12 which was filed for attachment of property by the defendant. By common order, the Commercial Court dismissed both the applications giving rise to the Appeal From Order and Special Civil Application respectively.

(2.) Heard learned advocate Mr.Harsh Gajjar for the appellant/petitioner and learned advocate Mr.Kamlesh Vaidankar for the common respondent.

(3.) The Commercial Suit instituted by the plaintiff-a partnership firm was for recovery of Rs.01,40,32,501.00 with interest. The case of the plaintiff was that it was engaged in the business of supply and installation of Chillers, Cooling Towers, Pumps, Air Handling Units etc. It was stated that defendant had placed order with the plaintiff, pursuant to which the goods were supplied and the business transactions had commenced from 1/3/2017 between the parties resulting into issuance of several invoices showing supply of material, which was as per specifications and requirements of the defendant. The plaintiff stated that the defendant had confirmed the accounts for the period from 1/4/2016 to 16/2/2019 by letter dtd. 17/2/2019. The amount of suit claim remained due and payable from the defendant, averred the plaintiff. The Suit was therefore required to be instituted.