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2017 Supreme(Del) 3171

MANMOHAN
SEO PAL – Appellant
Versus
QUALITY RICE EXPORTS PVT LTD – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Sanjay Relan withMr. Sushant Dahiya, Advocates.
For the Defendant :Mr. Aslam with Mr. Balbir Singh, Advocates.

JUDGMENT :

MANMOHAN, J.

I.A. No. 3621/2017

1. Present application has been filed under Order XIII-A read with Section 151 CPC.

2. The relevant facts of the present case are that the plaintiff is running a sole proprietorship firm under the name and style of “Banarsi Dass & Sons” as a grain merchant and commission agent from its office at 2376, Mandi Extension, Narela, Delhi-110040.

3. The defendant is a registered company having its registered office at Nial Bye-Pass Road, Patran, Distt. Patiala, Punjab.

4. On 5th April, 2014, the plaintiff/applicant filed the present suit for recovery of money due against the supplies of paddy made between 11th May, 2014 and 10th August, 2014 to the defendant company. It is the plaintiff’s case that the defendant company has paid a sum of Rs. 1,25,00,000/- against the total supplies of Rs. 2,87,51,689.05, thus leaving a balance of Rs. 1,62,51,689.05/- as due and payable by the defendant. The plaintiff also claims interest @Rs.1.80% per month that is 21.6% per annum on the amount due.

5. The defendant was duly served on 17th June, 2016 but as it failed to file the written statement within the prescribed period, this Court struck off the right of the defen
























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