VINOD K.SHARMA, J. - (1.) THE present revision petition has been filed against the order 11.9.1996 passed by the learned Additional Civil Judge (Sr. Divn.), Panipat, holding therein that civil court at Panipat had the jurisdiction to entertain and try the matter.
(2.) THE plaintiff-respondent herein had brought a suit against the defendant- petitioner for the recovery of Rs. 2,50,000/- with interest @ 18% per annum from the date of filing the present suit till the actual realisation of amount of the suit. The plaintiff-respondent, which is a Private Limited company, filed the suit through its Managing Director on the basis of resolution dated 5.10.1987 on the ground that the defendant-petitioner in December 1986 had agreed to purchase edible oils at Panipat from and promised to pay the amount of the supplied edible oils at Panipat to the plaintiff-respondent along with interest @ 18% p.a. which was the prevailing rate of interest in the market. In pursuance to the said agreement, the petitioner-defendant purchased edible oils commencing from 27.12.1986 upto 21.4.1987 for total sum of Rs. 57,05,150/- on different dates from the plaintiff-respondent. Out of the said amount, a sum of Rs. 54,80,974/- was paid by the defendant-petitioner on 3.1.1987 and 18.6.1987. The payment was made at Panipat for the said purchases.
(3.) THE case of the plaintiff-respondent was that these amounts had been debited and credited in its accounts regularly maintained and therefore, a sum of Rs. 2,40,176/- as principal amount besides interest was due against the defendant-petitioner. The respondent-plaintiff sent a legal notice to the petitioner-respondent to repay the sale price of Rs. 2,40,176/-, but the petitioner failed to do so.;