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1997 Supreme(Bom) 666

S.S.NIJJAR
Saraswati Tin Containers Pvt. Ltd. . – Appellant
Versus
Meta Cans and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---The plaintiffs have filed this summary suit under the provisions of Order XXXVII, Rule 2 of the Civil Procedure Code claiming that the defendants be ordered and decreed jointly and severally to pay to the plaintiffs a sum of Rs. 9,48,000/- as per particulars of the plaintiffs claim together with further interest at the rate of 18 per cent per annum on the aggregate principal sum of Rs. 7,37,857/- from the date of filing of the suit till the judgement and thereafter at the same rate till payment or realisation.

2.The plaintiff is a Company registered under the Companies Act, 1956 doing business of manufacturing tin plate, containers iron scraps etc. The defendants are carrying on business of tin and/or metal containers. Defendant No. 1 is a partnership firm registered under the Indian Partnership Act, 1932. Defendant Nos. 2 to 5 are the partners thereof. According to the plaintiffs, pursuant to the orders placed by the defendants from time to time the plaintiffs sold and delivered to the defendants goods from time to time. In particular pursuant to the order the plaintiffs sold and delivered goods to the defendants as follows.

DateBill No.Amount (Rs.)

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