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1981 Supreme(Bom) 99

V.S.KOTWAL
Kranti Mohan Guruprasad Mehra and another – Appellant
Versus
Fatehchand Vasuram Behal – Respondent


JUDGMENT - Kotwal V.S. J.- The plaintiff, respondent, was one of the partners along with the 1st appellant, that is the 1st defendant in the suit along with certain other persons in a partnership firm which was dealing in textiles and the concern was known in the mercantile world as Bhuvaneshwari Silk Mills. This partnership firm came to be dissolved on August 25, 1977 by a deed of dissolution with the net result that under the settlement, the plaintiff had become the owner of the power-looms 16 in number which were initially a part of the partnership property. First in all 25 looms were put in operation by the partnership firm and 8 looms had been entrusted to the 1st defendant under the said settlement. On October 5, 1977, the plaintiff and the 1st defendant recorded a separate agreement of hire purchase in respect of 8 out of the said looms with the consideration fixed at Rs. 1,20,000 under a stipulation that the same should be discharged by payment of monthly installments of Rs. 2,500 with interest at 18 per cent on the unpaid amount. The monthly installments were to be paid on or before the 10th day of every month, and it was to commence from November 10, 1977. The agreement c







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