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2015 Supreme(Cal) 536

HARISH TANDON
Maithan Alloys Limited – Appellant
Versus
Amit Mines Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: S.N. Mitra, Probal Kumar Mukherjee, Suhrid Sur, Baisali Basu
For the Opposite Party : S.K. Kapoor, Srijib Chakraborty

JUDGMENT :

Harish Tandon, J.

This revisional application is directed an Order No. 82 dated 19th February, 2015 passed by the learned Civil Judge (Senior Division), 1st Court, Asansol in Title Suit No. 32 of 2008 by which an application for recalling the order dated 3rd February, 2015 is allowed.

2. Both the parties are not ad idem to the recording of the happening of events before the Trial Court and have taken a divergent views by making statements and counter statements in the application.

3. Before proceeding to deal with the core issue involved in the instant case, the salient features of facts are adumbrated herein below:

4. The plaintiff-petitioner filed a suit for appointment of the Account Commissioner for settling the accounts and passing a final decree for money in terms of the report of the Account Commissioner. The petitioner claimed to be the manufacturer of Ferro Alloys and the defendant used to supply the Manganese Ore which is used for production of the final products. The purchase order clearly stipulated the inspection by a third party on the quality of the supplied material. It is stated that advances were made on the good faith that the supplied materials are of spec
























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