( 1 ) THIS application (IA No. 468/2001) has been filed by the plaintiff with the prayer for striking out the defendce of the defendant, on the ground of non-production of ledger and accounts by defendant in violation of the undertaking given to this Court in the order dated 19. 9. 2001.

( 2 ) THE main suit filed by the plaintiff is for recovery of Rs. 55 lakhs on account of the alleged non-payment by the defendant company of the charges falling due on account of (i) "liquid Nitrogen" actually supplied by the plaintiff; (ii) fixed facility charges payable by the defendant; and (iii) the compensation in lieu of short lifting/non-lifting of material in terms of agreement dated 16. 3. 1992 as executed between the parties.

( 3 ) DURING the course of arguments, it has been admitted that the only surviving dispute between the parties, is primarily regarding the liability of the defendant on account of the short-lifting/non-lifting of minimum quantity of liquid nitrogen in terms of the agreement dated 16. 3. 1992.

( 4 ) IN fact, as recorded in the order dated 21. 9. 1995 of this Court after hearing the parties, the defendant has been already directed to pay certain admitted amo