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This is a suit filed by the plaintiff against the defendant for recovery of Rs.18,04,428/- with interest @ 24% p.a. from the date of the suit till its realization.

2. Nut shell of the plaint are as under :

The plaintiff in its plaint has alleged that who is the proprietary concern dealing in supply of chemicals and acids and running the business in the name and style of S.P.Enterprises. The defendant is the company incorporated under the provisions of Indian Companies Act, represented by its Managing Director/ Authorized Signatory and who is none other than its customer used to purchased chemicals on credit basis and the defendant maintained running account for the materials purchased. The defendant has placed the orders for supply of Soda Ash Light, Labsa LMB-Gray 90, special cleaning products, acid slurry and other chemicals/ products against purchase order P.O.No.DKS-
079/19-20 dated 22.10.2019 and also made orders over phone, and online. As per the orders placed by the defendant has supplied the chemicals to the defendant as under.
(i) Tax Invoice No.01051 and e-way bill No.141170421867 both dated 23.10.2019, 4,000 kg of Soda Ash Light-Nirma and 1,500 kg LABSA LMW-Grade 90, for a sum of Rs.2,70,810/-

(Rupee. Two Lakhs Seventy Thousand Eight Hundred Ten Only).

(ii) Tax Invoice No.01359 and e-way bill No.151185567625 both dated 18.12.2019, 1,500 kg of cleaning products, for a sum of Rs.42,90,480/- (Rupee. Forty Two Lakhs Ninety Thousand Four Hundred and Eighty Only).

11. The plaintiff in order to prove the plaintiff averments has examined its GPA Holder as PW.1 who filed his affidavit as his chief examination by reiterating the plaint averments stating that the plaintiff is the proprietary concern is the dealer in supply of chemicals and acids. The defendant is one of the customer of the plaintiff used to purchase the chemicals on credit basis and maintaining the running account for the materials purchased. The defendant has placed the orders for supply of soda ash light, LABSA LMV-GRADE 90 Special Cleaning Products, acid slurry and other chemicals/ products against purchase order P.O.No.DKS- 079/19-20 dated 22.10.2019 and also made orders over phone. As per the orders placed by the defendant the plaintiff has supplied the chemicals to the defendant as per the Tax Invoice No.01051, 01359 and 01379 and defendant has made payment periodically as per the accounts maintained by the defendant as on 29.12.2020 the defendant was due a sum of Rs.12,70,928/- but the defendant in spite of repeated request and personal approaches did not pay the due amount. Thereby, got issued a legal notice calling upon the defendant for payment of the due amount with interest but the defendant did not come forward to pay the due amount with interest. Thereby, the plaintiff has filed the instant suit against the defendant.