1. Heard.

2. Admit. Mr. R.L. Khapre, learned Counsel waives service on behalf of the respondent/Caveator.

3. This appeal is preferred against the Judgment and Order dt.7.3.2015 delivered by 2nd Joint Civil Judge (Sr.Dn.), Akola in Special Civil Suit No.97 of 2008. The suit was instituted on 19.8.2008 for damages on the ground that the plaintiff – a Private Limited Company, through its Constituted Attorney, filed a suit for damages on the ground that the defendant/Company, who is in the business of sale of seeds, represented to the plaintiff to sell 4500 quintals of raw JS335 Soyabean seeds. The plaintiff had paid sum of Rs.54,00,000/by various cheques, six in number during the period between 24.11.2007 to 28.11.2007. It is alleged that the defendant failed to comply with the terms of stocking agreement and total supply of goods to the plaintiff. The plaintiff had, therefore, claimed refund of entire amount paid together with interest/damages for nonsupply of goods worth Rs.40,43,914/. Written statement was filed by the defendant in the suit denying the agreement dt.4.8.2007 and stocking agreement dt.27.11.2007. Thus, the defendant had denied liability to pay the amount soug