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1993 Supreme(Kar) 79

K.S.BHATT, M.M.MIRDHE
PRAVEEN METAL AGENCIES, BANGALORE – Appellant
Versus
M. BALASUBRAMANYAM – Respondent


Advocates:
H.B.DATAR, H.N.Narayan, S.P.SHANKAR

SHIVASHANKAR BHAT, J.

( 1 ) THE appeal is by the plaintiffs. According to the plaint the plaintiffs are dealing in metal scraps among other goods and the two plaintiffs are having common partners. The transactions in question are common as against the defendants-1 and 2 and consequently the suit is filed invoking Order 1, Rule 1 of Code of Civil Procedure.

( 2 ) THE first defendant started a metal rolling mill at Bangalore. The second defendant is a trader in metal scraps. The plaintiffs and second defendant had several business transactions. Financial accommodation was also being provided between them in the matter of providing stock and arranging finances. According to the plaintiffs, the first defendant issued two cheques dated 16-4-1981, one for Rs. 20,000/- and another for Rs. 52,041/- in favour of the second defendant. These cheques were endorsed by the second defendant in favour of the plaintiffs for valuable consideration, the consideration being the adjustment of the amounts duo from the second defendant to the plaintiffs under the respective accounts. However, when the plaintiffs presented these cheques, they were returned by the Bank. According to the plaintiffs they are















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