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1995 Supreme(Bom) 527

A.C.AGARWAL, V.H.BHAIRAVIA
Vijaykumar Satishchandra and Co. and another – Appellant
Versus
Rajgopal Badrinarayan Malpani and another – Respondent


JUDGMENT - V. H. BHAIRAVIA, J.:---This appeal is directed against the judgment and decree dated 27th April, 1987 passed by the learned Joint Civil Judge, Senior Division, Solapur, in Special Civil Suit No. 119 of 1981.

2. The suit was filed by the respondents-plaintiff for recovery of a sum of Rs. 61,357.50 with future interest. It is submitted that the plaintiff is a registered firm dealing in trading in cloth as a commission agent. Defendant No.1 is a registered partnership firm and defendant Nos. 2 and 3 were its partners. The defendants were doing the trade business in cloth. It is submitted that the appellant No. 1 defendant No. 1 firm had kept a khata with the plaintiff-firm at Solapur for purchasing cloth on credit. Accordingly, clothes were purchased on credit at Solapur and also took delivery of the same at Solapur. They promised to pay the amount of the goods purchased by them at Solapur from time to time. The vasul paid by the defendants came to be credited in the khata and the balance vasul shown against the principal amount. It is the case of the plaintiffs that by the end of 15th June, 1981 the appellants-defendants were in arrears of Rs. 61,074.10. It is also submitte

















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