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2012 Supreme(Bom) 1645

R.D.DHANUKA
Bombay Trading Co. – Appellant
Versus
Jai Santoshi Maa Enterprises – Respondent


Advocates appeared:
For the Plaintiff:R.A. Shaikh, i/b. Mohd.Muquim Khan, Advocates.
For the Defendant:Pankaj Kawali, i/b. Manoj M. Kandekar, Advocates.

Judgment :

By this Summons for Judgment, the Plaintiff seeks that judgment be entered for the Plaintiff in this suit against the Defendant for Rs.11,32,569.54 and for interest and costs.

2. The suit is based on an invoice dated 26th January, 2008. The Plaintiff is registered partnership firm and carries on business of manufacturing of Ayurvedic products under the head of “Noorani Tel (Oil)”. It is the case of the Plaintiff that vide invoice dated 26th January, 2008, the Plaintiff supplied a bulk of quantity of Noorani Tel (Oil), an Ayurvedic product to the Defendant for a sum of Rs. 6,99,117/-. The said goods were delivered to the Defendant. The Defendant received the invoice. There is no dispute that in respect of the earlier transaction held between the Plaintiff and the Defendant, payment has been already made by the Defendant to the Plaintiff.

3. It is the case of the Plaintiff that since Defendant did not make payment in respect of invoice dated 26th January, 2008, the Plaintiff through his advocate’s notice dated 16th July, 2008 called upon the Defendant to pay a sum of Rs. 7,74,966/-with interest at the rate of 24% per annum. The Defendant received that notice but did not giv









































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