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1987 Supreme(Pat) 152

S.B.SINHA
Star Printing Press, Dhanbad – Appellant
Versus
Bharat Coking Coal Ltd, Dhanbad – Respondent


Advocates:
Advocate Appeared
For the Appellant: M/s N.K. Prasad, V.S. Prasad, J. Prakash and M.S. Anwar.
For the Respondent: M/s Debi Prasad & Suresh Prasad.

JUDGMENT

S.B. Sinha, J.

1. The plaintiff filed a suit against the defendant claiming a sum of Rs.1,20,000/- (one lakh and twenty thousand) together with costs and interest pendente lite and future.

2. The aforementioned amount was claimed with regard to the goods supplied by the plaintiff from time to time as per supply orders by the defendant through its representative of the respective areas and submitted the bills for payment as mentioned in details in the schedule A and B appended to the plaint. The defendant in its written statement Inter alia took the plea that the suit was not maintainable, that there was no written agreement or offer for the purchase of goods and that the rate quoted by the plaintiff was excessive and arbitrary. The learned court below after perusing the evidences on the record came to the conclusion that orders were being placed by the defendant company upon the plaintiff for supply of goods from time to time and the plaintiff has been supplying such goods on the basis of such order. According to the learned court below such practice was prevalent in B.C.C.L. and as such it was held that the plaintiff was entitled to recover the amount in respect of the good











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