O P STEEL TRADERS Vs. STEEL STRIPS LTD

JUDGEMENT

(1.) The petitioner-firm has filed this revision petition against the order dated 28-1-1991 passed by Sub-Judge Ist Class, Ludhiana, by which the proceedings have been stayed under S. 10 read with S. l5l, Code of Civil Procedure, in a civil suit filed by the petitioner-firm.

(2.) The petitioner-firm filed a suit on 15-12-1989 against the respondent-company for recovery of Rs. 9,39,719-84 paise as principal and interest on the allegations that the petitioner-firm dealing in various types of irons and strips and doing its business at Ludhiana and that the petitioner-firm supplied goods (scrap) to the respondent-company, but the respondent-company did not pay the price of the same.

(3.) Notice of the suit was given to the defendant-respondent-company which filed an application under S. 10 read with S. l5l, Code of Civil Procedure, for stay of the suit on the allegations that respondent-company had instituted a suit against the petitioner-firm, which is pending in the Court of Senior Sub-Judge, Chandigarh, for recovery of Rs. 8,22,939.00- by way of damages and the said suit was filed on 11-9-1989. The respondent-company also placed on the record a certified copy of the plaint showing about the pendency of the suit at Chandigarh.