JUDGMENT

(Prayer: Original Side Appeal is filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Clauses 15 of the Letters Patent against the order dated 20.12.20218 made in A.No.7113 of 2018 in C.S.No.851 of 2015.)

M.M. Sundresh, J.

1. This original side appeal has been preferred by the defendant in the suit filed for recovery of money on the failure of the appellant to make the supply in terms of the purchase orders. On an application in A.No.7113 of 2018 in C.S.No.851 of 2015 filed by the plaintiff/respondent seeking a summary judgment, the Commercial Division of this Court granted a decree in part.

2. Before going into the facts governing, it is imperative to appreciate the scope and ambit of Order XIII-A of the Commercial Courts Act, 2015, which deals with summary judgment in the light of the object behind the enactment.

3. Recommendations of the Law Commission:-

3.1. Two recommendations have been made by the Law Commission through its 188th and 253rd Reports. As per the 188th Report, the need to introduce the Commercial Courts, was expressed, acknowledging the then prevailing view that Indian Cour