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2015 Supreme(Bom) 251

B.P.DHARMADHIKARI, A.M.BADAR
Kumars Liquors & Beers Pvt. Ltd. – Appellant
Versus
BDA Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants:P.V. Mandlik, Senior Advocate with A.S. Gandhi, Advocate.
For the Respondents:P.K. Joshi, Advocate.

Judgment

B.P. Dharmadhikari, J.

1. All these Appeals under Section 96 of the Code of Civil Procedure, 1908, arise out of a common judgment dated 11.10.1999, delivered by 4th Joint Civil Judge (Senior Division), Aurangabad, in Special Civil Suit No. 375/1995, and Special Civil Suit No. 183/1997.

2. Special Civil Suit No. 183/1997 was filed by the appellant in First Appeal No. 282/2000 and First Appeal No. 283/2000, namely, Kumar's Liquors & Beers Private Limited [hereinafter referred to as “Kumar Liquors”], claiming refund of security deposit of Rs. 1,00,00,000/- (Rs. One Crore) from the defendant in that suit, namely, BDA Limited [hereinafter referred to as “BDA Limited”]. That Suit was initially filed at Secunderabad City Civil Court vide Original Suit No. 427/1994 & came to be transferred to Aurangabad for its trial along with Special Civil Suit No. 375/1995. Special Civil Suit No. 375/1995 was filed by BDA Limited against Kumar Liquors, for recovery of sum of Rs. 2,93,73,919.46, towards the liquor & wine supplied to later with interest at 18%. Trial court has by impugned judgment dated 11.10.1999, partly decreed Special Civil Suit No. 375/1993 and Kumar Liquors has to pay sum of Rs


















































































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