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2013 Supreme(AP) 623

L.NARASIMHA REDDY, S.V.BHATT
Vijaya Agencies – Appellant
Versus
India Cements Limited, Chennai – Respondent


Advocates Appeared:
O. Manoher Reddy & V. Ravinder Rao, Counsel for the Appellant.
Ch. Srinivas, Counsel for the Respondent.

Judgment

L. NARASIMHA REDDY, J.

1. Defendants 1 and 2 in OS No. 22 of 1995 on the file of the Senior Civil Judge, Bapatla, filed these appeals against the preliminary decree and final decree passed therein.

2. For the sake of convenience, the parties are referred to as arrayed in the suit.

3. The plaintiff is a manufacturer of cement. The 1st defendant, M/s. Vijaya Agencies, is a proprietary concern of one Venigandla Vijayababu. It is one of the dealers of the plaintiff at Bapatla. Over the period, different quantities of cement were supplied by the plaintiff to the 1st defendant.

4. The plaintiff filed the suit alleging that its dealer, the 1st defendant, owed a sum of Rs. 6.00 lakhs by 1993 and when he was unable to pay the debt, the 2nd defendant has deposited the title deed in respect of an item of immovable property and a simple mortgage was created. Stating that the defendants did not repay the amount due in spite of repeated demands, the plaintiff prayed for a preliminary decree for foreclosure of the mortgage.

5. The 1st defendant filed a' written statement admitting that he owed substantial amount to the plaintiff towards cost of the cement supplied to him. It was also his case
































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