G.P. Mittal, J.

IA No.13981/2013 (O.XXXVII Rule 3 (5) CPC)

1. This is a summary suit for recovery of Rs.55,28,508/- under Order XXXVII of the Code of Civil Procedure, 1908 (CPC).

2. The Plaintiff’s averments are that the Defendant by a written request dated 15.07.2009 (through fax) placed an order for supply of 99.280 MT TMT bars, as detailed in para 4 of the plaint. The amount payable by the Defendant in respect of 99.280 MT TMT bars was Rs.31,93,421/-. It is averred that the Plaintiff had been orally and in writing requesting the Defendant to make payment of the goods supplied. The Plaintiff again wrote a letter dated 16.11.2009, requesting the Defendant to clear the outstanding payment of Rs.31,93,421/-. For the sake of convenience and proper appreciation of the case, it would be appropriate to extract the letter herein:-

“Sub: Outstanding Payment

Dear Sir,

We refer to the long outstanding payment worth Rs.31,93,421/- outstanding since, July, 2009 towards supply of MS Bars to your Saket, New Delhi site. In follow up to the payment, we have been in touch with you telephonically as well as on various occasions apart from personal meeting with you in the month of August 2009, Sep