JUDGMENT :

Krishna Rao, J.:

1. The plaintiff has filed an application being GA 2 of 2018 praying for judgment and decree against the defendant for a sum of Rs. 1,36,94,687/-along with interest on admission. The defendant has filed an application under Order VII, Rule 11 of the Code of Civil Procedure, 1908 being GA 3 of 2022 for dismissal of the suit.

2. The plaintiff is in the business of importing and thereafter selling Indonesian Steam Coal in the local market. The defendants are the traders in coal, coke dust and coke fines. The plaintiff and the defendants buy and sell each other’s products from one another and maintain mutual, open and current account. Lastly on 20th August, 2011, the plaintiff sold and the defendants brought coal worth of Rs. 1,60,49,096.92/-and the defendants accepted delivery of the coal and the invoices without any demur or protest. On 31st March, 2012 and 21st April, 2012, the defendants sold and plaintiff brought coke dust worth of Rs.13,47,892/-. The defendants made the payment to the plaintiff time to time and the last payment was made by the defendant to the plaintiff on 5th July, 2014 at Rs. 10,00,000/-by way of cheque.

3. Mr. Sarvapriyo Mukherjee, L