1. Heard.

2. This is a Summary Suit for recovery of a sum of Rs.4,39,585/- with further interest at the rate of 21% p.a. on the principal sum of Rs.3,82,096/- from the date of filing of the suit till realisation and the costs.

3. The plaintiff has filed suit for unpaid price of goods in the form of Impact Modifier Kane Ace B-31. In pursuance of the purchase order placed by the defendants, the goods were delivered along with invoices, whose receipt is not disputed by the defendants. The suit is filed as a Summary Suit on the basis that the invoices are in the form of a written contract as contemplated by Order XXXVII of the Code of Civil Procedure. The goods were delivered as follows :

Sr. Date Invoice No. Quant- Corr. Del. D.Chalan

No. -ity Purchase Chalan Date

supplied Order No. No.

in kg.

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1. 3.11.04 670/04-05 500 R-2004060 662 3.11.04

0312

2. 9.11.04 695/04-05 1000 R-2004110 687 9.11.04

0746

3. 13.5.05 175/05-06 500 R-2005040 173 13.5.05

0094

4. 28.5.05 227/05-06 300 R-2005050 225 28.5.05

0200

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