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2018 Supreme(Bom) 1477

A.S.CHANDURKAR
Jalaram Flexo Laminates Pvt. Ltd. – Appellant
Versus
Polypet Flexible Packaging Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: H. R. Gadhia
For the Respondent: A. A. Mardikar

JUDGMENT :

Rule.

Heard finally with consent of learned counsel for the parties. The petitioner who is the defendant in the suit for recovery filed by the respondent is aggrieved by the orders passed by the trial Court permitting the plaintiff to amend the plaint and rejecting the application filed by the petitioner herein for rejection of the plaint.

2. It is the case of the respondent-plaintiff which is a Company registered under Companies Act, 1956 that it had supplied raw material to the defendant-Company and in view of such supplies it was liable to recover various amounts from the defendant. According to the plaint averments the last amount received by the plaintiff-Company was on 30-10-2013 and on that date the total outstanding was Rs. 31,05,518/-. It therefore filed suit for recovery of the aforesaid amount with interest.

3. In that suit the petitioner-defendant filed an application under provisions of Order VII, Rule 11 of the Code of Civil Procedure, 1908 (for short, the Code) seeking rejection of the plaint. In the application at Exhibit-14 it was stated that the plaint did not disclose any cause of action for filing the suit and that the suit was also barred by limitation.








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