LAWS(CAL)-2024-9-33

SKIPPER LIMITED Vs. SURENDER KUMAR GOYAL

Decided On September 27, 2024
Skipper Limited Appellant
V/S
Surender Kumar Goyal Respondents

JUDGEMENT

(1.) The plaintiff has filed an application being G.A. (Com) No. 1 of 2023 in C.S. (Com) No. 562 of 2024 (Old No. C.S. 235 of 2023) praying for Judgment and Decree upon admission for a sum of Rs.63,92,425.50 along with further interest at the rate of 24% per annum from 1/11/2023 till realisation or in the alternative, a direction upon the defendant to furnish security of sum of Rs.63,92,425.50. By an order dtd. 13/12/2023, this Court passed an ad- interim order restraining the defendant from operating his bank account/accounts maintained against Permanent Account No. ACFPG3609L without leaving a principal amount of Rs.38,63,500.00 and the interim order is still in existence.

(2.) The defendant has filed an application being G.A. (Com) No. 2 of 2024 praying for vacating interim order passed by this Court dtd. 13/12/2023 in G.A. (COM) No. 1 of 2023.

(3.) The plaintiff and the defendant had a business relationship. Pursuant to orders placed by the defendant, the plaintiff has supplied PVC pipes and fittings of various specifications to the defendant as per verbal orders placed by the defendant. After supply of the materials, the plaintiff has raised invoices. The plaintiff maintained a running and open ledger account with respect to the invoices raised by the plaintiff to the defendant and the amount paid by the defendant to the plaintiff. In the present case, the transaction between the plaintiff and the defendant.