THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.50 OF 2008 JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellant being aggrieved by the judgment and decree, dated 14.03.2005, passed in O.S.No.268 of 1996 by the learned III Senior Civil Judge, City Civil Court, Secunderabad (for short “the trial Court”).

2. The appellant herein is the defendant and the respondent herein is plaintiff before the trial Court and the parties herein are referred to as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The brief facts of the case before the trial Court are that the plaintiff is a company which supplies industrial components, epoxies/cold welding components etc., and the defendant has been carrying on the business of distribution and sale of this material and therefore, it has been buying and distributing the plaintiff’s products. Since the defendant has been purchasing large quantities of material, the plaintiff has permitted the defendant to avail the credit facility. But during the course of transactions, the defendant failed to