( 1 ) THE writ appeal is preferred against the judgment in Writ Petition No. 3570 of 1987 of the learned single judge, dismissing the writ petition holding that a writ of mandamus cannot be issued directing the payment of amounts said to be due to the petitioner, arising purely out of a monetary transaction and that the petitioner has to seek his relief by filing a regular suit.

( 2 ) THE appellant is Baroda Cotton Company, Bombay, carrying on business as cotton merchants engaged in the supply of cotton of different varieties to several spinning mills in the country. It is the case of the appellant that cotton was sold to the second respondent through the first respondent under final invoice No. 1 dated 24/08/1982, for a total sum of Rs. 1,12,430. 53 and that the second respondent accepted the goods without any objections. It was further stated that, again, on 13/09/1982, another consignment of cotton was delivered to the second respondent under invoice No. 3 dated 1/08/1982, for a total sum of Rs. 1,20,118. 23 and that the same was received and accepted by the second respondent without any objections. It is stated that the second respondent made certain payments, leaving a balance

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