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2000 Supreme(AP) 651

T.CH.SURYA RAO
Pragathi Bearings – Appellant
Versus
Laxmi Durga Granites Ltd. – Respondent


T. SURYA RAO, J.

( 1 ) THE revision petitioner assails the impugned Order dated 14-3-2000 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad, in O. S. (SR) No. 230 of 2000.

( 2 ) THE petitioner sought to file the suit under the provisions of Order 37 of the Civil Procedure Code (for brevity "the Code") invoking the summary procedure. It is averred, inter alia, in the plaint that the defendant-company has been making regular purchases of bearings etc. from the plaintiff on credit under various invoices from time to time by placing its purchase orders in writing and has been maintaining running account with the plaintiff; and that under the agreed terms and conditions between the parties, the defendant-company has to pay the amounts within 45 days from the date of invoice bills under which the goods are supplied to the defendant-company; and that in the event of its failure to do so, the defendant-Company shall be liable to pay interest at 18% per annum on belated payments. It is further averred that the defendant-Company was due a sum of Rs. 3,25,664. 95 ps. towards principal and Rs. 1,21,636. 48 ps. towards interest, and in a sum total of Rs. 4,47,301. 43 p





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