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2000 Supreme(Kar) 77

T.N.VALLINAYAGAM
PAN OFFICE SYSTEMS PVT. LTD. – Appellant
Versus
BLOW PLAST LTD. – Respondent


T. N. VALLINAYAGAM, J.

( 1 ) THE defendant in a suit for recovery of money based on two invoices is questioning the decree passed by the trial court in favour of the plaintiff-company. The fact that the supply was made under two invoices by the plaintiff-company is not in dispute. On the other hand, in the written statement, the points that are raised are :

(1) The suit is based on account and account copy is not produced ; (2) The fabricated frames were not up to expected standard. The defendant was prepared to return the copies as sub-standard goods ; (3) The suit was not verified by person authorised in law to verify and sign the pleadings ; (4) The question of payment of interest does not arise, as there is no question of payment of principal dues. The trial court considering the evidence adduced by PW-1 and the documents filed by the plaintiff exhibits P1 to P5 and also taking into consideration the evidence of DW-1 with no documents to file as exhibit came to the conclusion that the plaintiff is entitled to a decree as prayed for and also granted interest at 18 per cent. p. a. Mr. Sampath Kumar, appearing for the petitioner submitted that the company has not been represented








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