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2006 Supreme(AP) 1083

L.NARASIMHA REDDY
Derviate Casoil Pvt. Ltd. rep. by its Managing Director, Jitender Popatlal Navalakhs – Appellant
Versus
I. T. C. Ltd. , Agri Business Division rep. by its Legal Manager, T. V. Balaji Rao – Respondent


ORDER

These two C.R.Ps. are filed by the same petitioner, and arise out of the same suit.

Hence, they are disposed of through a common judgment.

2. Petitioner filed O.S.No.36 of 1996 in the Court of I Additional Senior Civil Judge (Fast Track Court), Mahabubnagar, against the respondents herein, for recovery of a sum of Rs.53,43,581-86 ps., on the strength of two Memoranda of Understanding (MOU), dated 23-8-1990 and 31-10-1991. Respondents filed individual written statements, disputing their liability to pay any amount. The suit is at the stage of recording of evidence of the petitioner herein.

3. The respondents filed separate applications under Order 6 Rule 17 read with Section 151 C.P.C., being I.A.Nos. 30 and 31 of 2005, for amendment of the written statements. The applications were identical, in all respects. They stated that O.S.No.90 of 1992 was filed by them, against the petitioner herein, in the Court of III Senior Civil Judge, City Civil Court, Hyderabad, for recovery of certain amount and for supply of certain material. The suit is said to have been dismissed, on 30-6-2001. A copy of the said judgment had already been brought on record, as EX.A-1 O. It was also stated that i

















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