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A. K. MENON
Mahindra Sanyo Special Steel Private Limited – Appellant
Versus
Prem Industries – Respondent


Advocates Appeared:
Ms. Kavita Pawar, for the Appellant; Mr. Chintan Shah, for the Respondent.

ORDER

1. By this Summons for Judgment, the applicant-plaintiff seeks a decree in a sum of Rs.3,66,90,747/- comprising of principal sum of Rs.2,74,55,229/- and interest of Rs.92,35,518/-. The plaint proceeds on the basis of non payment of price of goods sold and delivered pursuant to written purchase orders, copies of which are annexed to the plaint at Exhibit-B collectively. The issuance of purchase orders is not in dispute. Supply of goods is also not in dispute. After part payments were made, it is the contention of the applicant-plaintiff that a sum of Rs.2,74,55,229/- is remained due and payable. Interest is being claimed @ 15% p.a. on the basis of conditions of sale in the written agreement contained in the Purchase Orders and Invoices. My attention has been drawn by the plaintiff's counsel to the invoices issued to defendant no.1-Firm, which in its terms and conditions clearly specifies that interest @ 15% p.a. will be payable on unpaid amounts of the invoices. To that extent, there is no dispute between the parties. However, on behalf of the defendants, learned counsel submits and as set out in the affidavit-in-reply, there were disputes as to the quality of the goods supplie

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