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2019 Supreme(Kar) 582

H.B.PRABHAKARA SASTRY
Zodiac Clothing Company Ltd. – Appellant
Versus
R. J. Fashions – Respondent


Advocates Appeared:
S.M.G. Azam, Adv.

JUDGMENT :

H.B. Prabhakara Sastry, J.

The suit of the present appellant - Company in its capacity as a plaintiff against the present respondents arraigning them as defendants for recovery of a sum of Rs.5,10,799-17 came to be dismissed by the Court of the XXVI Additional City Civil Judge at Mayohall, Bangalore (CCH-20) (hereinafter for brevity referred to as "Trial Court") by its judgment and decree dated 01-02-2011 in O.S.No.15674/2004. It is against the said judgment and decree, the plaintiff - Company has preferred this appeal.

2. The summary of the case of the plaintiff - Company in the Trial Court was that, it is a Company manufacturing ready-made garments and accessories. Another Company by name M/s. Mayfair Limited had supplied certain goods to the defendant No.1 - M/s. R.J. Fashions represented by its partners who are defendant Nos. 2 to 4. At the relevant point of time, the defendants were due in a sum of Rs.2,99,457-45 to the said M/s. Mayfair Limited. Subsequently, the said M/s. Mayfair Limited under Company Petition No.326/2003 before this Hon'ble High Court was amalgamated with the present appellant - Company under Sections 391 and 394 of the Companies Act, as such, all t

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