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2008 Supreme(Bom) 473

B.P.DHARMADHIKARI
Madhukar Raghunath Bhave – Appellant
Versus
Wyawahare & Sons – Respondent


Advocates appeared
Shri. R.L. KHAPRE, Advocate for the Appellant.
S/Shri. A.S. JAISWAL & N.A PADIIYE, Advocates for the Respondents.

JUDGMENT:-

The original plaintiff has filed this second appeal challenging reversing judgment delivered by the first appellate Court. The appellant/plaintiff filed Special Civil Suit No.2 of 1986 in the Court of Civil Judge Senior Division, Buldhana for recovery of amount Rs.27.170/- towards the price of jaggery which he sold. He also claimed interest @ 18% from 17/5/1987 till filing of the suit. He pointed out that he sold 87.35 qt. of jaggery and in part payment respondents/defendants gave one cheque for Rs. 11,835.94 to plaintiff which was postdated. When the cheque was presented in the Bank, it was dishonoured. Defendants then issued four postdated cheques. Upon assurance given by respondents/defendants, he again presented the cheques in October, 1984 and were again dishonoured. The defence of the present respondents was that they never purchased jaggery worth Rs.27.170/- from the plaintiff on 17/5/1983 nor they had issued any cheque towards price of said Jaggery. They contended that plaintiff was doing money lending business without valid license and they had borrowed money from the plaintiff on different dates and cheques were given as security for it. The trial Court framed





































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