JUDGMENT :

C. Saravanan, J.

Prayer: Original Side Appeal filed under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of the Letters Patent, to set aside the Judgment and Decree dated 31.01.2019 passed in Application No.6958 of 2018 in C.S.No.632 of 2018.

The appellant is the defendant in C.S.No.632 of 2018. The said suit has been filed by the respondent to recover a sum of Rs.1,31,19,604/- from the appellant along with interest at the rate of 18% per annum from date of plaint till date of realization.

2. The suit was numbered as a “commercial dispute” within the meaning of Section 2(c)(vi),(vii) and (xviii) read with Section 12 Commercial Courts Act, 2015.

3. In the said suit, the respondent filed an Application No.6958 of 2018 under Order XIV Rule 8 of O.S Rules r/w Order 12 Rule 6 of CPC for judgment and decree on admission for a sum of Rs.1,31,19,604/- which has been partly allowed by the learned Single Judge vide the impugned order dated 31.01.2019 to the extent of Rs.72,48,440.

4. The said application was filed on the strength of a final invoice/bill dated 31.03.2013 [suit document No.2] raised by the respondent/plaintiff on the appellant/defendant for the residual work done and supp