JUDGMENT

M .M.SUNDRESH, J .

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 Courts were slow to get off the block and proceed at a reasonable gallop. Keeping in mind the functioning of the Courts Abroad, U.S., and U.K., in particular, the Law Commission has expressed its views.

“With such rapid increase in commerce and trade, commercial disputes involving high stakes are lik