MALDAR BARRELS PRIVATE LIMITED Vs. JUGAL KISHORE DIDWANIA

JUDGEMENT

(1.) The Plaintif filed this suit in the Commercial Division of this Court under Order XXXVII of the Code of Civil Procedure 1908 on 3rd August 2018 seeking a summary judgment against the Defendant in the amount of Rs. 10,20,32,050/-, claiming this as the amount due under unpaid invoices raised for goods sold and delivered, and also for further interest at 18% per annum. Particulars of claim are set out at Schedule "I" at page 690. The original claim was for Rs. 4,68,59,518/- as the principal with interest at 21% per annum amounting to Rs. 5,51,72,532/- making in all an aggregate of Rs. 10,20,32,050/-. The principal is now reduced to Rs. 4,63,27,327/-. The interest as of 31st July 2018 at 21% per annum, the rate mentioned in the invoices in suit, amounts to Rs. 5,44,78,394.90 and the total is thus now Rs. 10,08,05,721.90. The Plaintif presses for a decree in these terms.

(2.) The writ of summons having been served, the Defendant entered appearance. The Plaintif filed a Summons for Judgment and there is a reply and a rejoinder.

(3.) I have heard Mr Jagtiani for the Plaintif and Mr Saraogi for the Defendant.