CHLOCHEM LTD. Vs. LIFELINE INDUSTRIES LTD.

JUDGEMENT

(1.) Rule. Mr.S.P.Majmudar, learned advocate, waives service of notice of Rule for the respondent. On the facts and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided, finally.

(2.) The challenge in this petition under Articles 226 and 227 of the Constitution of India is to the order dated 27.07.2012, passed by the learned Chamber Judge, Court No.6, City Civil Court, Ahmedabad ("the City Civil Court"), below the application at Ex.22, in Summary Suit No.554 of 2011, whereby unconditional leave to defend has been granted to the respondent (original defendant).

(3.) The petitioner is the original plaintiff, having filed Summary Suit No.554 of 2011 in the City Civil Court against the respondent, for recovery of dues amounting to Rs.68,65,618/, along with interest amounting to Rs.7,07,904/, that is, for a total amount of Rs.75,73,512/. The respondent filed an affidavit for leave to defend, raising a dispute as to the quality of goods supplied to the respondent and also challenging the interest on delayed payments. By the impugned order, the City Civil Court granted unconditional leave to defend, to the respondent. Aggrieved thereby, the petitioner is before this Court.