SHEKHAR B.SARAF,J. - (1.) The applicant (the defendant in C.S. No. 125 of 2014) had filed this application bearing G.A. No. 917 of 2019, principally praying for the recall and/or setting aside of the ex-parte decree dated March 13, 2019 rendered by this Court. The applicant/defendant has filed this application seeking such recall and/or setting aside of such ex-parte decree under O. IX, R. 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC).
(2.) While the respondent (the plaintiff in C.S. No. 125 of 2014) had made claims that they had made a series of advance payments to the tune of Rs. 15,66,50,000/- on various dates through RTGS and electronic fund transfers in terms of the agreement signed between the applicant/defendant and the respondent/plaintiff, the applicant/defendant had only supplied commensurate goods to the respondent/plaintiff valued at Rs. 5,84,10,000/-thereby leaving a balance amount payable to the respondent/plaintiff assessed at Rs. 8,82,40,000/-.
(3.) Accordingly, the respondent/plaintiff had instituted C.S. No. 125 of 2014 against the applicant/defendant praying for the grant of a decree to the tune of Rs. 12,00,06,400/-; this decretal amount was evaluated based on the principal outstanding amount payable to the respondent/plaintiff along with interest claimed @ 18% per annum calculated from January 2012 to December 2013.;