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1990 Supreme(Bom) 44

I.G.SHAH
Rajan Products – Appellant
Versus
Jayant Vegoiles & Chemicals Pvt. Ltd – Respondent


JUDGMENT - I.G. SHAH, J.:---The plaintiffs have filed this suit for recovery of a sum of Rs. 3,06,669.50 p. being the amount due to them from the defendants Company in respect of the goods sold to them under four invoices dated 24-2-1983, 3-3-1983, 6-3-1983 and 25-3-1983 as stated in para 2 of the plaint. The total amount due in respect of the said invoices is claimed to be Rs. 2,28,642.50 p. The plaintiffs claim further in the plaint that the amounts in respect of the said invoices were due on expiry of the period of one month and the defendants were liable to pay to the plaintiffs interest at the rate of 20% per annum on the amount as mutually agreed. The plaintiffs also claim that the defendants made party payments or of Rs. 50,000/- on 14-3-1983 and therefore, the balance due towards the said invoices was Rs. 1,78,642.50 p. The plaintiffs further in para 14 of the plaint state that their suit is within limitation as the defendants have condoned and waived the said plea of limitation by admitting an acknowledgement of liability to pay the amount due to the plaintiffs and by entering into consent terms and submitting to a consent order in Appeal No. 837 of 1986 which was carried









































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