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1990 Supreme(Bom) 185

S.M.DAUD
R. Sureshchandra & Co. – Appellant
Versus
Vadnere Chemical Works & others – Respondent


JUDGMENT - S.M. DAUD, J.:---This is a suit for recovery of money representing sum allegedly due on the foot of an account together with interest thereon.

2. Plaintiff, a firm registered under the Partnership Act, claims that it started dealing with defendants in 1966. Defendants 2 3 are partners doing business in the name and style of defendant 1. Plaintiff was supplying chemicals and advancing money to defendant 1. Defendant 1 supplied manufactured goods. An account of the transanctions was maintained and this showed a debit of Rs. 6,20,623.40 ps. Defendant 1 had supplied goods worth Rs. 2,79,965.14 ps. leaving outstanding a balance of Rs. 3,40,658.26 ps. The accounts were gone into and defendants had admitted the above position. In their balance sheet issued on 13-11-1974, defendants had acknowledged the above liability. Despite demand the dues plus interest @ 21% per annum, the acknowledgement brought the suit within limitation.

3. Defendants denied the averments summarised above. Defendant 1 had once purchased goods worth Rs. 14,620.60 ps. and the price had been paid in full. There was no accounting or settlement of accounts. Plaintiff's accounts were not regularly maintained n





































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