In a suit based on invoices, the invoices must be treated as a written contract. If the Defendant raises no genuine triable issues or the defense is frivolous, the Plaintiff shall be entitled to judgment forthwith.

JUDGMENT :

1. The Plaintiff has filed the above suit for recovery of Rs. 1,68,80,866/- from the Defendant, comprising of Rs. 1,27,93,674/- being the principal amount along with interest at the rate of 15% per annum from the due date of each of the invoices raised by the Plaintiff in respect of the goods sold, supplied and delivered by the Plaintiff to the Defendant along with the delivery challans till the date of filing of the suit and thereafter, further interest on the principal sum at the same rate till payment and/or realisation and costs of the suit.

2. After the Defendant had entered appearance, Plaintiff had taken out Summons for Judgment in the above amount along with interest and costs. In the affidavit in support of the Summons for Judgment dated 11th February, 2022, the Plaintiff has submitted that after the filing of the suit, the Defendant has paid to the Plaintiff a sum of Rs. 2,10,000/- and accordingly, the Defendant is entitled to receive credit in the said sum of Rs. 2,10,000/- against its decretal dues as claimed in the Plaint. The reply has been filed by the Defendant on 5th March, 2022. Thereafter, attempts were made to settle the matter, however, upon failure of the same, this Summons for Judgment has been heard.

3. Mr. Mehta, learned Counsel appears for the Plaintiff and submits that affidavit in rejoinder on behalf of the Plaintiff has also been filed on 4th January, 2023.

4. The brief facts are that in the year 2019, pursuant to oral purchase orders that were placed by the Defendant on the Plaintiff from time to time for supply of diverse quantities and specifications of Isoborneol Powder and Camphor GF, the Plaintiff from time to time sold, supplied and delivered to the Defendant the said goods and raised invoices in respect whereof in an aggregate sum of Rs. 1,38,59,631/- as per the following details:-

5. It is the case of the Plaintiff that the said goods were duly received by the Defendant without any protest or demur and that at no point of time the Defendant raised any dispute as to the quantity or the quality of the said goods. The Plaintiff has also annexed the delivery challans in respect of the subject deliveries to the Plaint. It is submitted that each of the aforementioned invoices were as per their terms, due for payment in 60 days from the date of respective invoices. However, it is the Plaintiff’s case that none of the said invoices were paid on the due date. Even reminders to the Defendant were of no avail. After repeated requests during the period from February, 2020 to June, 2020, the Defendant made part payments to the Plaintiff aggregating to Rs. 10.50 lakhs. That earlier, the Defendant had also paid to the Plaintiff a sum of Rs. 25,545/- for which credit had remained to be given and after giving credit to the Defendant for all the payments made by the Defendant to the Plaintiff from time to time aggregating to Rs. 10,75,545/-, a principal sum of Rs. 1,27,84,086/- remained outstanding.

6. The Plaintiff was also required to pay on behalf of the Defendant an amount of Rs. 9,588/- into the government treasury, being the Tax Collected at Source. The Plaintiff accordingly, raised two debit notes in respect of the said amount, raising the principal to a sum of Rs. 1,27,93,674/-.

7. That since despite repeated requests and the Defendant’s repeated assurances, the Defendant failed to pay the outstanding dues, the Plaintiff through its Advocates issued a Demand Notice dated 12th May, 2021 calling upon the Defendant to make pay