ELLEN DHARKAR
Unitech Industrial Corporation – Appellant
Versus
Arvind Engineering Co. – Respondent
( 1 ) THIS appeal was filed against the judgment and decree dated 26-10-1987 in O. S. No. 1486 of 1984 on the file of the I Addl. Judge. City Civil Court, Hyderabad, whereby the learned Judge dismissed the suit with costs filed for recovery of money.
( 2 ) THE said judgment is assailed in this appeal on the ground that the lower Court has not correctly appreciated the pleadings in the case, the issues framed and the evidence adduced in relation therto, that the trial Court has erred in holding that Ex. A-1 was issued to the defendant and the goods were infact supplied to him, the trial Court erred in rejecting the plea of the defendant in this regard and the evidence adduced, that the lower Court erred in holding that Ex. A-2 bills were delivered to defendant and the cheques were paid towards the said bill and that an amount of Rs. 25,058. 15 ps. is still due, the lower Court failed to see that there is no signature on Ex. A-2. that there is no proof of defendant having received it, that there is no delivery receipt or acknowledgement of receipt of goods, that the learned Trial Judge has avoided referring to the evidence adduced by the plaintiff and therefore, the
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