ORIENTAL AROMATICS LIMITED Vs. POONAM D. BHATIYA

JUDGEMENT

(1.) The Plaintiff has filed the above suit for recovery of Rs.1,68,80,866.00 from the Defendant, comprising of Rs.1,27,93,674.00 being the principal amount along with interest at the rate of 15% per annum from the due date of each of the invoices raised by the Plaintiff in respect of the goods sold, supplied and delivered by the Plaintiff to the Defendant along with the delivery challans till the date of filing of the suit and thereafter, further interest on the principal sum at the same rate till payment and/or realisation and costs of the suit.

(2.) After the Defendant had entered appearance, Plaintiff had taken out Summons for Judgment in the above amount along with interest and costs. In the affidavit in support of the Summons for Judgment dtd. 11/2/2022, the Plaintiff has submitted that after the filing of the suit, the Defendant has paid to the Plaintiff a sum of Rs.2,10,000.00 and accordingly, the Defendant is entitled to receive credit in the said sum of Rs.2,10,000.00 against its decretal dues as claimed in the Plaint. The reply has been filed by the Defendant on 5 th March, 2022. Thereafter, attempts were made to settle the matter, however, upon failure of the same, this Summons for Judgment has been heard.

(3.) Mr. Mehta, learned Counsel appears for the Plaintiff and submits that affidavit in rejoinder on behalf of the Plaintiff has also been filed on 4/1/2023.