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1993 Supreme(Kar) 116

L.S.SREENIVASA REDDY, K.A.SWAMI
STATE OF KARNATAKA – Appellant
Versus
EASTERN MEDICALS – Respondent


Advocates:
N.K.Gupta, P.SHIVANNA, Sunder Kumar

L. SREENIVASA REDDY, J.

( 1 ) THIS appeal is preferred against the judgment and decree dated 20-10-1989 passed in O. S. 2801 of 1986 by the XIV Additional City Civil Judge, Bangalore city.

( 2 ) THE appellants were the defendants in the said suit and the respondent was the plaintiff. Therefore, in this judgment, the parties will be referred to as the defendants and the plaintiff.

( 3 ) THE plaintiff filed the said suit on 28th February, 1986 against the defendants for recovery of a sum of Rs. 27,23,628-81; claiming Rs. 17,85,920-81 towards the value of the drugs supplied, Rs. 9,37,608-00 towards interest at 18% per annum and Rs. 100/- towards the notice charges.

( 4 ) THE facts of the case as pleaded by the plaintiff may be shortly stated thus: The plaintiff is a registered partnership firm doing business in drugs at bangalore. By a memo dated 1-10-1980 the second defendant authorised the third defendant to purchase specialist drugs from the plaintiff and two others mentioned therein subject to other conditions of purchase. Pursuant to the said memo, the third defendant was placing indents with the plaintiff for supply of drugs on credit basis. Accordingly, the plaintiff was supply






































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