- (1.) This is an application for stay of the suit No. 31 of 1984 (J.C. Roy Chowdhury v. Krishna Paper Mill Board and Anr.) till the final adjudication of the suit No. 9/Cs of 1984 and 13/Cs of 1984 now pending before the Additional Sub-Judge Jagatdri.
(2.) Defendant 1 who is petitioner 1 herein M/s. Krishna Paper Board Mill a partnership firm instituted a civil suit No. 9/Cs/84 in January 1984 in the court of Addl. Senior Sub-Judge Jagatdri against the plaintiff and M/s. Roy Chowdhury and Company a proprietorship concern of the plaintiff.
(3.) The case of the defendant 1 who is the plaintiff in the said suit No. 9/Cs./84 before the court of Addl. Senior Sub-Judge, Jagatdri is that on or about 15th Sept. 1982 the plaintiff herein placed an order for supply of mill boards of agreed size and specification on defendant 1. Out of the total quantity of 169 M.T. Defendant 1 had sold and delivered 145.675 M.T. of mill boards for a total value of Rs. 5,56,379.31P Defendant 1 had duly submitted its invoices in respect of the supplies made by petitioner 1 and the plaintiff had paid an aggregate sum of Rs. 5,27,500 thereby leaving a balance sum of Rs. 32,379.31p. due and payable by the plaintiff to the petitioner 1. It is the further case of the petitioner 1 that the plaintiff wrongfully cancelled the order for the balance quantity and the petitioner 1 had thereby suffered a loss of Rs. 1272.40p. per M.T. thereby the total loss suffered was Rs. 29,678.73p. According to the petitioner 1 the plaintiff was liable to pay aggregate sum of Rs. 67,564.04p. which the plaintiff in spite of demand failed and neglected and the petitioner-defendant 1 had to institute the aforesaid civil suit No. 9/Cs/84 in January 1984 in the court of Additional Senior Sub-Judge, Jagatdri.;