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2020 Supreme(SC) 389

A.M.KHANWILKAR, INDIRA BANERJEE, DINESH MAHESHWARI
Shakti Bhog Food Industries Ltd. – Appellant
Versus
Central Bank of India – Respondent


Advocates appeared:
For the Petitioner(s):Nischal Kumar Neeraj, Advocate
For the Respondent(s):Yash Pal Dhingra, Advocate

JUDGMENT

A.M. Khanwilkar, J.

CIVIL APPEAL NO. 2514 OF 2020 (Arising out of SLP (C) No. 30209/2017)

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 2.1.2017 passed by the High Court of Delhi at New Delhi (for short, “the High Court”) in R.S.A. No. 391/2016, whereby the High Court affirmed the decision of the Court of Civil Judge–05, Central District, Tis Hazari Courts, Delhi, dated 6.1.2016 in C.S. No. 950/2014 allowing the application filed by the respondents/defendants for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, “the CPC”), instituted by the appellant/plaintiff. The Additional District & Sessions Judge, Central, Tis Hazari Courts, Delhi, vide order dated 23.7.2016 in R.C.A. No. 61794/2016 had also affirmed the order of rejecting the plaint. The appellant had filed the stated suit on 23.2.2005 for a decree for rendition of true and correct accounts in respect of the interest/commission charged and deducted by the respondent­Bank relating to current account No. CCM 20225 of the appellant for t

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