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2022 Supreme(Chh) 182

NARENDRA KUMAR VYAS
State of Chhattisgarh through the Collector, District Bastar (CG) – Appellant
Versus
Hindustan Supply Agency – Respondent


Advocate Appeared:
For the Appellants : Mr. Avinash K Mishra, GA
For the Respondent:Mr. B.P.Sharma, Ms. Anuja Sharma, Advocates

JUDGMENT :

1. This first appeal under Section 96 CPC has been filed by defendant-State of Chhattisgarh and its functionaries assailing the judgment and decree dated 14.08.2006 passed by learned Third Additional District Judge, Bastar in Civil Suit No. 60-B of 2004, by which the trial Court had directed the defendants to pay Rs. 60,000/- along with interest @ 6% from 28.01.2004 till actual payment is made.

2. For the sake of convenience, the parties shall be referred in terms of Civil Suit No. 60-B/2004.

3. Brief facts as mentioned in the plaint are as under that the plaintiff has filed a civil suit before the First Additional District Judge, Jagdalpur mainly contending that the plaintiff is a registered partnership firm and engaged in the business of supply of stationary and sports items. Plaintiff Rakesh Gupta is the partner of the firm. As per plaint averments the plaintiff had supplied goods worth of Rs. 61,464/- to defendants. The defendants to satisfy the bill amount has given two cheques dated 14.07.2002 for Rs. 40,000/- and Rs. 20,000/-. The plaintiff presented the cheque on 10.01.2001 for encashment but the said cheque was returned with an endorsement that there was no suffici

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