JUDGMENT :

N.J. Jamadar, J.

1. This commercial division summary suit is instituted for recovery of a sum of Rs. 1,07,08,713/- along with interest @ 18% per annum from the date of the suit till realization, based on the sale and delivery of the goods evidenced by the contract of sale, invoices and delivery receipts.

2. The material averments in the plaint reads as under:-

(A) The plaintiff is a company registered under the Companies Act, 1956. It deals in the business of procurement and sale of pulses, peas and other edible goods. The defendant is the proprietor of M/s. Ram Pavankumar Biyani, a proprietorship concern. The defendant is also engaged in the business of purchase and sale of edible goods, on retail basis. The defendant had approached the plaintiff to supply the yellow peas and chick peas. The contracts for sale were executed on 18-07-2017, 16-08-2017 and 21-08-2017 (Exh. 'B' to the plaint) containing the description of the goods to be sold, price thereof, terms of payment, the terms of delivery and the special terms as to payment of interest in the event of default and jurisdiction in the event of dispute. It was, inter-alia, agreed that the defendant would pay 10% of the pr