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2005 Supreme(Del) 662

MANMOHAN SARIN
BHARAT FORGE LTD – Appellant
Versus
ONIL GULATI – Respondent


Advocates Appeared:
AMIT TRIKHA, CHETAN SHARMA, SANDEEP SETHI, Vineet Maheshwari

Manmohan Sarin, J.

( 1 ) BY this order, IA. 3107/03, moved by the defendant under Order XXXVII Rule 3 (5) read with Section151 CPC, for grant of leave to contest, is being decided.

( 2 ) PLAINTIFF has filed the above suit for recovery of Rs. 26,29,858/- (Rs. twenty six lacs twenty nine thousand eight hundred fifty eight only) from the defendant under Order XXXVII of the Code of Civil Procedure as a summary suit. Plaintiff is a manufacturer of steel forgings and finished machine products. Plaintiff claims to have supplied to the defendant Crank shafts. The suit amount represents the balance outstanding price of the goods supplied amounting to Rs. 20,72,722, together with interest thereon at 18% per annum w. e. f. 29th September, 2002 to 11th April, 2002 i. e. , the date of institution of the suit. Plaintiff also claims pendente lite and future interest at 18% per annum on the suit amount.

( 3 ) PLAINTIFF avers that it had raised bills/invoices amounting to Rs. 23,80,588/- (Rs. twenty three lacs eighty thousand five hundred eighty eight only), which were duly received and accepted by the defendant. The particulars of the invoices, totalling Rs. 23,80,588/- are given in para 4 of the































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