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1999 Supreme(AP) 949

D.S.R.VERMA, S.V.MARUTHI
Montari Industries Ltd. , New Delhi – Appellant
Versus
Tirumala Venkateswara Agencies, bhimavaram – Respondent


S. V. MARUTHI, J.

( 1 ) THIS is the plaintiff s appeal against the judgment and decree in OS No. 134 of 1988 dated 20-1-1993 passed by the Subordinate Judge, bhimavaram. The plaintiff M/s. Montari industries Limited, New Delhi, filed the said suit for recovery of Rs. 5,06,565-76 ps. with interest at 18% p. a. from 1-10-1988 till realisation and for costs.

( 2 ) IT is not necessary to refer to the averments in the plaint and in the written statement in extenso for the purpose of disposing of this appeal. Suffice to say that the plaintiff is a company incorporated at new Delhi and is a manufacturer of pesticides and insecticides. The 1 st defendant is a partnership firm with defendants 2 to 5 as its partners. The 1 st defendant is a dealer in fertilisers and pesticides and purchases pesticides and insecticides from the plaintiff for the purpose of retail shop. The 1st defendant purchased the goods from the plaintiff and failed to pay the amount and became due to the tune of Rs. 6,67,342. 80 by 31 st August, 1987. The plaintiff stopped further supplies and in a meeting held on 20-6-1987 at Secunderabad between the managing Partner of the defendants firm and the plaintiff, an agreemen










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