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2023 Supreme(Del) 3588

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Bela Goyal Proprietor of Ispat Sangrah India – Appellant
Versus
Viipl-mipl Jv (Jaipur) – Respondent


Advocates appeared:
Mr. Rajiv Bajaj, Advocate, for the Appellant.
Ms. Geeta Luthra, Senior Advocate with Mr.Aadarsh Kothari, Advocate, for the Respondent No.1.

JUDGMENT (Oral)

1. The present Appeal under Section 13(1A) of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 & 3 Code of Civil Procedure, 1906 (hereinafter referred to as "CPC", 1908) has been filed on behalf of the appellant (plaintiff in the original suit) against the Order dated 03.03.2022 passed by the learned Single Judge of this Hon'ble Court in CS (COMM) 1217/2018 wherein the an I.A. No.15168/2018 under Order XXXVIII Rule 5 CPC seeking attachment of the claim amount, has been dismissed.

2. The plaintiff in the suit (hereinafter referred to as the "appellant") is a supplier of iron material, TMT etc to defendant No. 1 (hereinafter referred to as the "respondent No. 1") which is a Joint Venture of defendant Nos. 2 & 3 (hereinafter referred to as the "respondent Nos. 2 & 3") that was created for the purpose of fulfilling a construction contract with defendant No. 4 (hereinafter referred to as the "respondent No. 4") on 07.10.2014.

3. The appellant raised 37 Invoices in lieu of the Purchase Orders for which materials were delivered to respondent No. 1. A total sum of Rs.6,00,00,000 was payable to the appellant under the said Invoices out of which a balance of Rs

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