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2014 Supreme(AP) 1523

ASHUTOSH MOHUNTA, M.SATYANARAYANA MURTHY
Tamilnadu Mercantile Bank Ltd. Hyderabad – Appellant
Versus
Sunita Industries, Hyderabad – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Deepak Bhattacharjee, Advocate
For the Respondent Nos. 2 and 3:K.L.N. Rao, Advocate
For the Respondent Nos. 4 to 8:S. Ravi, Advocate

JUDGMENT :

M. Satyanarayana Murthy, J.

The 1st defendant in OS No.948 of 1989 on the file of the Court of IV Senior Civil Judge, City Civil Court, Hyderabad (for short, "the trial Court"), preferred this appeal against the impugned decree and judgment dated 17.8.1999, whereby and where under the 1st defendant was directed to pay loss sustained by the plaintiff to a tune of Rs. 4,45,701.60/- ps., together with interest @ 21% p.a., from the date of suit till the date of decree and 6% p.a., from the date of decree till realization. The appellant was the 1st defendant and the 1st respondent was the plaintiff and respondent Nos. 2 and 3 were defendant Nos. 2 and 3 respectively before the trial Court and they will hereinafter be referred as arrayed before the trial Court for convenience.

2. The plaintiff filed this suit for recovery of a total sum of Rs. 4,45,701.60/-ps., against defendant Nos. 1 and 2 only towards loss sustained by the plaintiff in a fire accident since the 3rd defendant was only a formal party.

3. The plaintiff is a manufacturer of wax coated paper for the purpose of wrapping of biscuits and other products. In the course of its business, the plaintiff used to purchase pape




















































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