J U D G M E N T

IA 1385/2017 in CS(OS) 3148/2015 (under Order XIII-A r/w Order XII Rule 6 of the CPC)

1. The plaintiff has filed the abovementioned suit for a decree against the defendant in the sum of ₹1,55,46,586.62 alongwith pendente lite and future interest. By the present application, the plaintiff seeks summary judgment under Order XIII-A Rule 3 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”)

in the sum claimed or alternatively, a decree upon admission for a lesser amount, allegedly admitted by the defendant.

2. During the course of this suit, the plaintiff filed an application for attachment before judgment which was initially allowed by a judgment dated 21.12.2016 in IA No. 487/2016. That judgment however was set aside by the Division Bench on the defendant‟s appeal (judgment dated 20.01.2017 in FAO (OS) 19/2017), and the application was remitted for fresh consideration of this Court. Although that application remains pending, counsel for the parties agree that the present application filed in the meanwhile be taken up for hearing first.

A. Facts

3. The plaintiff is a company incorporated in England which specialises in the marketing and sourcing of p