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2012 Supreme(Bom) 982

ROSHAN DALVI
National Textile Corporation – Appellant
Versus
K. L. Kapadia – Respondent


Advocates appeared:
For the Plaintiff:U.A. Mahajan i/b Divekar & Co., Advocates.
For the Defendant:D2 & D3, Amit H. Yadav, Advocates.

Judgment :

This Suit is filed for recovery of Rs.84,931.48 with further interest of Rs.79,468.06 @ 6% per annum from the date of the Suit till Judgment and thereafter @ 6% per annum till payment.

2. The plaintiff entered into an agreement with defendant No.1 for appointing defendant No.1 his authorized retail stockist for marketing the fabrics produced by the plaintiff. The plaintiff supplied fabrics from time to time under 11 bills in June, 1978 aggregating to Rs.79,468.06. The goods were sent through defendant No.2 to defendant No.1 under the 10 lorry receipts issued by defendant No.1. Defendant No.2 was required to deliver the goods to defendant No.2 under the lorry receipts duly discharged by defendant No.1 as the consignee. The plaintiff handed over the lorry receipts and bills to defendant No.2.

3. It is the case of the plaintiff that defendant No.2 delivered the goods to defendant No.1 but failed to get the lorry receipts discharged when defendant No.1 took delivery of the goods against the documents of the plaintiff's banker-Central Bank of India. Defendant No.1 failed to honour the documents presented by the plaintiff's banker which were returned to the plaintiff.

4. The ca

















































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