SAI SHRADDHA COSNTRUCTION Vs. ASIAN GRANITO INDIA LTD

JUDGEMENT

(1.) AGGRIEVED by order dated 14.08.2008 passed in Summary Suit No.24 of 2007 below Exh:18 granting conditional leave to defend the suit to the original defendantpetitioner herein, the petitioner is before this Court.

(2.) SUMMARY Suit was instituted by the respondent claiming a sum of Rs.16,53,326.90 as an outstanding in the ledger account for the period between 01.04.2006 to 31.03.2007. Legal notice dated 21.03.2007 was issued to the petitioner, who, as averred by the respondent, having defaulted in paying the amount in question, summary suit was filed by the respondent and leave to defend affidavit was filed by the petitioner and ultimately, the Trial Court granted conditional leave on petitioner's depositing Rs.8,00,000/.

(3.) ACCORDING to the learned counsel for the petitioner, respondent supplied defective goods and first lot was admitted to be replaced by the respondent and thereafter, the order was placed. Again defective goods were supplied against which, in pursuant to the representation made by the petitioner, a discount of Rs.3,00,000/ was given. However, goods were not supplied within time schedule resulting into delay of the project of the petitioner, who is builder by profession and had committed to deliver the residential flats to its buyers within fixed time frame.