AJAY KUMAR AGARWAL Vs. GREEN CONCRETEX GLOBAL LIMITED

JUDGEMENT

(1.) In this suit filed by the petitioner for recovery of unpaid price of goods sold and delivered, the petitioner has taken out two interlocutory applications. The first application being GA No.2439 of 2013 filed on 16.08.2013 for judgment upon admission to the tune of Rs.1,11,51,507/- along with prayers to restrain the respondent from dealing with its properties pending disposal of the suit. The second application being GA No.3795 of 2013 filed on 17.12.2013 is one in the nature of an application under Order XXXVIII Rule 5 of the Code of Civil Procedure. The respondent also filed an application on 29.11.2014 being GA No.3723 of 2014 praying for leave to enter appearance in the suit and for extension of time to file its written statement and counter claim. I propose to deal with the applications in the order in which they were filed.

(2.) The petitioner's case in short is that between August 2010 and June 2013 he supplied cement to the defendant/respondent. From time to time, the respondent made payments of ad hoc sums. As on March 31, 2012, a sum of Rs.1,31,22,926/- was due and payable by the respondent to the petitioner.

(3.) In April 2012, the petitioner demanded payment of his outstanding dues from the respondent and refused to effect any further supplies until his dues were paid. The respondent persuaded the petitioner that it would cause its clients to pay directly to the petitioner. The respondent also gave eleven post dated cheques presentable for payment on various dates of June 2013. An ad hoc sum of Rs.18,56,519/- was paid by the respondent to the petitioner in April, 2012.