JUDGMENT

Neena Bansal Krishna, J.

1. The present appeal under Section 13 of the Commercial Courts Act, 2013 read with Order XLI Rule 1 and Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed against the judgement and decree dated 14.02.2023 vide which the suit of the respondent/plaintiff has been decreed under Order XXXVII of CPC for a sum of Rs.53,69,918.70/- along with the interest @18% per annum.

2. The facts in brief are that the plaintiff (hereinafter referred to as `respondent') filed the Suit under Order XXXVII Rule 3(5) of CPC seeking recovery of Rs. 53,69,918.70/- along with the interest @18% per annum. The plaintiff is a registered Partnership Firm engaged in the business of trading and supply of construction material including aggregates. The defendant (hereinafter referred to as `appellant') engaged in the business of engineering and construction, pursuant to an Agreement was supplied the requisite material from 03.08.2017 to 14.01.2019 under various sale Invoices (280 in number), which were duly acknowledged and accepted by the appellant. Goods worth of Rs. 72,19,425.50/- were supplied during this period. As per terms and