RATNA STORES PVT. LTD. Vs. K. CHANDRASEKAR

JUDGEMENT

(1.) CHALLENGING the fair and final order passed in I.A. No. 17238 of 2014 in O.S. No. 5086 of 2014 on the file of the II Assistant Judge, City Civil Court, Chennai, the defendant has filed the above Civil Revision Petition.

(2.) THE respondent/plaintiff filed the suit in O.S. No. 5086 of 2014 under Order XXXVII Rule 2 of Code of Civil Procedure for recovery of a sum of Rs. 8,62,605/ - with interest @ 24% p.a. on Rs. 5,04,020/ - from the date of plaint till the date of realisation. The petitioner/defendant filed an application in I.A. No. 17238 of 2013 to grant leave to defend the suit. In the affidavit filed in support of the application, the petitioner/defendant has stated that the transactions of the case is a continuous transaction between the parties and the respondent/plaintiff has not produced any statement of accounts except the invoice bill. Further, they have stated that there were no averments as to what are all the goods which were supplied to them and the payments received by them, except in one paragraph stating that the last payment was made in the year 201That apart, the petitioner/defendant disputed the claim of the respondent/plaintiff, which was claimed on several occasions. They have also stated that the respondent/plaintiff has not responded properly. In paragraph No. 8 of the affidavit, the petitioner/defendant disputed the quality of the goods supplied by the respondent/plaintiff.

(3.) 1. The learned counsel appearing for the petitioner submitted that the petitioner/defendant had disputed the claim made by the respondent/plaintiff in the affidavit filed in support of the application and that there are triable issues in the suit and therefore, the trial Court ought to have allowed the application filed by the petitioner/defendant and permitted them to defend the suit in O.S. No. 5086 of 2014.