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2015 Supreme(SC) 506

H. L. DATTU, A. K. SIKRI
B. K. S. Marulasiddaiah and Company – Appellant
Versus
Madras Pakku Mandy – Respondent


JUDGMENT

1. Leave granted. This civil appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in RFA No. 97 of 2003, dated 16.08.2012, whereby the High Court has remanded the matter back to the learned Trial Court for its reconsideration in accordance with law.

2. Briefly stated, the admitted facts in the present appeal are: the Plaintiff/Respondent herein and the Defendant/Appellant herein are traders dealing in Areca nuts. The Respondents had purchased 40 bags of Areca nuts from the Appellants for a given amount of money, however it was alleged that the Appellants had failed to pay for the said transaction, dated 13.09.1991. Therefore, the Respondent herein had filed Original Suit No. 117 of 1993, before the Principal Civil Judge (Senior Division), Shimoga, for recovery of the given amount along with interest. It is to be noticed that before filing the said suit on 06.09.1993, the prior sanction, as required Under Section 84(4) of the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (for short, "the APMC Act") had not been obtained by the Respondents. It is also an admitted fact that such a sanction was obtained during the












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