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2003 Supreme(AP) 415

M.NARAYANA REDDY, J.CHELAMESWAR
A. P. Co-operative Wool Spinning Mills Limited – Appellant
Versus
G. Mahanandi and Company Wool Merchants – Respondent


J. CHELAMESWAR, J.

( 1 ) THIS is an appeal filed against the judgment and decree dated 29-2-1996 in Original Suit No. 52 of 1990 on the file of the Sub-Court Mahaboobnagar. Defendants 4 and 3 are the appellants herein respectively. The first respondent herein is the plaintiff. Respondents 2 and 3 herein are the defendants 1 and 2 in the suit. The suit is filed for the recovery of an amount of Rs. 3,96,684. 42 ps. , being the balance of the unpaid price of the wool supplied by the plaintiff to the first appellant herein. The further details of the suit may not be necessary in view of the submissions made by the learned counsel for the appellants which are purely questions of law. From the above, it goes without saying that the suit was decreed.

( 2 ) THE basic facts are not in dispute that the first respondent has supplied some quantity of wool of the first appellant herein; towards the price of which, certain amounts admittedly were paid by the first appellant herein to the first respondent herein. According to the first respondent the suit claim is still outstanding and is liable to be paid.

( 3 ) LEARNED senior counsel Sri J. V. Suryanarayana appearing for the appellants made 3 s












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