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2017 Supreme(Del) 4657

S.P.GARG
HINDALCO INDUSTRIES LTD. – Appellant
Versus
WHITE METALS INDS. PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr.Atul Shanker Mathur, Advocate with Ms.Nimita Kaul & Mr.Vivek Mathur, Advocates.
For the Respondent:Mr.Prasad Subramonium, Sr. Advocate with Mr.Naveen Chawla & Mr.Mayank Bughani, Advocates.

JUDGMENT :

S.P GARG, J.

1. Present suit for recovery of Rs.3,75,64,364.00 has been preferred by Hindalco Industries Ltd.(hereinafter ‘the plaintiff’) against White Metals Inds.Pvt.Ltd. (hereinafter ‘the defendant’).

2. Briefly stated, the plaintiff’s case as pleaded in the plaint is that the defendant approached the plaintiff-company to effect sale of its products as a dealer on various terms and conditions agreed between the parties. After effecting the sales, the plaintiff used to raise invoices in respect of sales made to the defendant from time to time against the running account. As per the arrangement, the defendant was required to make the payment of the invoices within a period of 45 days, at times through letters of credit and at other times through the other mode of payment. It is averred that the plaintiff at request of the defendant from time to time sold and supplied to the defendant various consignments of the products during the period 20.11.2005 till 9.2.2006. The defendant made part payments only against two invoices; and neglected to pay the amount of the remaining invoices. The plaintiff raised the invoices during this period against the supplies of the products in













































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