JUDGMENT :

1. The submissions were concluded yesterday. Today, the appeal is listed for dictating the judgment.

2. This is an appeal under sub-section (1) of Section 13 of the Commercial Courts Act, 2015 read with clause (q) of Rule 1 of Order XLIII of the Code of Civil Procedure, 1908 (for short, “CPC”).

3. With a view to appreciate the controversy, a brief reference to the facts of the case will be necessary. The appellant is the second defendant. The first respondent is the original plaintiff. The second respondent is the first defendant and the third respondent is the third defendant. For the sake of convenience, we are referring to the parties in the appeal with reference to their status before the Trial Court.

4. The suit is filed for recovery of a sum of Rs.69,37,968/- with interest at the rate of 24% per annum from the date of filing of the suit till realization. The case made out in the plaint is that the first defendant is a builder and developer and the second defendant is claiming to the Managing Director of the first defendant. The allegation is that the first defendant used to purchase building materials from the plaintiff on credit basis. Reliance is placed on the invoic