Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ 224/23
SNEHA ENTERPRISES Vs. IMPEX INDIA
22.04.2024.
Present: Sh. Ashutosh Jain, Ld. Counsel for plaintiff through VC.
Delay in filing leave to defend is condoned.
The matter is fixed for order on leave to defend application filed by the
defendant. The plaintiff has filed the present suit under Order 37 CPC stating that
plaintiff supplied goods to the defendant for more than three years till 07.06.2021 and
goods worth Rs. 4,07,041/- were supplied to the defendant and the defendant has made
part payment of Rs.3,79,210/- till 25.01.2022 and as per the ledger account maintained
by the plaintiff an amount of Rs. 2,76,877/- is due against the defendant.
In leave to defend, defendant has stated that defendant has made further
payments to the plaintiff through payment vouchers from 05.01.2022 to 10.03.2022 and
the goods supplied by the plaintiff were also defective which have not been taken back
by the plaintiff.
Arguments heard. Record perused.
The defendant has placed on record the payment vouchers to show that
the defendant has made additional payments to the plaintiff. However, the defendant has
not denied the fact that the defendant is liable to pay further payment to the plaintiff on
account of goods supplied. As per the details furnished by the defendant in the leave to
defend, the defendant has made further payment of Rs. 60,000/- to the plaintiff which is
a triable issue. However, the defendant has not denied that the defendant still has to pay
Rs. 2,16,877/- i.e. the amount emerging from deducting Rs. 60,000/- allegedly paid by
the defendant from the outstanding amount of Rs.2,76,877/-. Therefore, the defendant is
granted conditional leave to defend with a condition that he shall deposit the amount of
Rs. 2,16,877/- in the court. Therefore, conditional leave to defend is granted.
Let the WS be filed within prescribed period with advance copy to the
plaintiff.
Put up for filing of WS, replication, AD & framing of issues on
18.09.2024.
(DEEPAK SHERAWAT)
SCJ cum RC, (North-West)
Rohini Courts, Delhi/22.04.2024.
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