JUDGMENT :

Bipin Gupta, J.

1. The present Civil First Appeal has been preferred by the defendant-appellant assailing the judgment dated 23.10.2019, passed by learned Commercial Court, Ajmer in Civil Suit No. 189/2018 (124/2014) CIS No. 123/2018, whereby the suit instituted by the plaintiff-respondent for recovery of amount has been partly decreed against the defendant-appellant.

2. The controversy, in a narrow compass, is that a suit came to be filed by the plaintiff-respondent against the defendant- appellant for recovery of amount to the tune of Rs.10,24,017/-, contending therein that on 18.03.2008, the plaintiff-respondent, who was a dealer of M/s. Schneider Electric India Pvt. Ltd., received a purchase order from the defendant-appellant for supply of electric switchgear worth Rs. 60,43,356/-. The supplies were effected from 22.04.2008 till 19.05.2008. However, the defendant- appellant did not take delivery of the goods and, therefore, the plaintiff-respondent was compelled to store the goods at its premises/godown. Upon being asked the reason for not taking delivery of the goods, the defendant-appellant replied that the requirements had changed and, therefore, a fresh purchase ord