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1993 Supreme(AP) 155

MOTILAL B.NAIK
Fotolite Colour Labs, a registered partnership concern – Appellant
Versus
Aver Foto Print System, Bombay – Respondent


MOTILAL B. NAIK, J.

( 1 ) PETITIONER is the plaintiff in O. S. No. 496 of 1990 on the file of the Principal Subordinate Judge, Visakhapatnam. The case of the petitioner is that the above suit was instituted against the respondents-defendants for recovery of an amount of Rs. 2,80,271/- being the amount paid to the respondents-defendants and to their technicians for the supply of original Italian made Durst -502 High Speed Substractive Printer equipment and its installation at petitioner s colour laboratory at Visakhapatnam. Suit notices were directed to the respondents-defendants through Court as well as by registered post acknowledgement due. Though suit notices were served on the respondents-defendants, which were sent through RPAD, none appeared on their behalf on 27-2-1991, on which date the suit stood posted for their appearance. Therefore, the Court, satisfying itself on the service of notices, set the respondents-defendants ex parte on 27-2-1991 and posted the matter on 28-2-1991 for the evidence of the petitioner-plaintiff. Accordingly on 28-2-1991 on behalf of the petitioner-plaintiff, one of the partners was examined as PW1;exs. A1 to A17 documents were marked and the suit






















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