- (1.) The plaintiff has applied for judgement on admission primarily on the basis of the ledger accounts for the period of April 1, 2009 to July 24, 2009 as acknowledged by the defendant by affixing its rubber-stamp thereto on August 12, 2009.
(2.) The plaintiff claims to have supplied TMT bars to the defendant's Faridabad construction site. The plaintiff has relied on the two purchase orders issued by the defendant and the various challan-cum-invoices that the plaintiff raised which the defendant received without any protest. The plaintiff claims a sum of Rs.1,55,14,191.66 of which a sum of Rs.1,44,81,432.66 was apparently admitted by the defendant to be due to the plaintiff in the ledger accounts. The remaining sum is claimed on the basis of two cheques issued by the defendant which were dishonoured upon presentation in view of the stop-payment instructions issued by the defendant to its bank.
(3.) There are several anomalies in the petition which have been pointed out by the defendant. But most of these anomalies are irrelevant in the present context. For example, the petition speaks of two purchase orders and refers to the first of them requiring an amount of one lakh MT TMT bars to be supplied to the defendant. The copy of the first purchase order clearly specifies the quantum to be 300 MT. Again, the plaintiff has said that it supplied the entire complement of TMT bars requisitioned under the two purchase orders by July 3, 2009, but has later on in the petition claimed that since the defendant failed to furnish postdated cheques the plaintiff refused to effect supply of about 458 MT of the 500 MT of goods under the second purchase order.;