Sudershan Kumar Misra, J. (ORAL)

RFA 329/2012 CM Nos.13314 (delay) 13316/2012 (delay in refiling)

1. I have heard counsel for both parties at length.

2. The respondent, Whirlpool of India Ltd., had instituted a summary suit under Order XXXVII of the Code of Civil Procedure against the appellant seeking recovery of Rs.18,78,000/-, along with pendente lite and future interest @ 24% per annum against the defendant/appellant. It was the case of the plaintiff that the defendant is a sole proprietor of a firm dealing in domestic and home appliances and, at his request, the plaintiff appointed him as a distributor for the sale of its products. Thereafter, and in terms of the agreement between the parties, the defendant purchased goods from the plaintiff from time to time. Ultimately, with a view to settling the outstandings, a joint meeting took place at the office of the plaintiff company at New Delhi on 22nd March, 2004 where, out of the total outstandings of Rs.32,78,000/- shown in the books of accounts of the plaintiff company, the defendant admitted his liability to the extent of Rs.18,78,000/-, after adjustment of Rs.14,00,000/- towards certain defective stocks. A copy of the minutes o

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