( 1 ) THIS is a suit under Order XXXVII Criminal Procedure Code for recovery of Rs. 14,38,859. 88 with future interest 18% per annum on the sum of Rs. 10,69,784. 30 from the date of institution of the suit till realisation.

( 2 ) THE plaintiff had sold, supplied and delivered the goods being zinc and aluminium alloys ingots to the defendant vide details of the bills and the amount thereof enumerated in para 1 of the plaint. The defendant had acknowledged the receipt of the goods vide the bills aforesaid by issuing two c forms bearing No. UPST/93 1191383 for the first six bills and no. UPST/93 1191384 for the bills mentioned at Sr. No. 7 to 9 in the para 1 of the plaint. The defendant had also acknowledged its liability in writing to the plaintiff by confirming the statement of account of the plaintiff dated 16/08/1996 under cover of letter of the same date of the plaintiff for the sum of Rs. 8,46,145. 90 p i. e. against the bills at sl. nos. 1 to 6.

( 3 ) THE defendant made the total payment of Rs. 2,15, 000. 00only by way of demand Draft vide details as mentioned in the para 4 of the plaint. Thus, a sum of rs. 10,69,787. 30 was due from the defendant towards principal