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2024 Supreme(Cal) 1220

KRISHNA RAO
J. K. Yarn Private Limited – Appellant
Versus
Thiruvalluvaar Textiles Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Anuj Singh, Mr. Vikas Baisya, Ms. Ranjana Seal.

JUDGMENT :

Krishna Rao, J.

1. The plaintiff herein had instituted the captioned suit against the defendant, for a decree of a sum of Rs.1,65,90,037.41/- along with interest at the rate of 12% per annum on and from 1st July, 2023 till date of realisation and allied prayers.

2. The plaintiff has filed the present application under Chapter XIIIA of the Original Side Rules of this Court, praying for final judgment and decree for a sum of Rs.1,65,90,037.41/- along with interest.

3. The plaintiff is a company incorporated on or about 23rd January, 2008, under the Companies Act, 1956, and is engaged in the business of trading of yarn.

4. In the month of March, 2008, the Directors of the defendant approached the plaintiff to start a business relationship with the plaintiff. After series of meetings and discussion, the parties thereto entered into an oral agreement on the following terms and conditions :

    (i) The plaintiff shall place orders upon the defendant for purchase of yarn and upon placement of such orders, the defendant would forthwith supply the desired quantity and quality of yarn to the plaintiff;

(ii) The plaintiff shall make payments including advance payments, as and when required to

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