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2004 Supreme(Del) 545

VIKRAMAJIT SEN
RAJ AND ASSOCIATES – Appellant
Versus
VIDESH SANCHAR NIGAM LIMITED – Respondent


Advocates Appeared:
ALOK KUMAR, C.SIDHARTH, RISHI AGARWAL, V.K.Jha, Y.P.SINGH

VIKRAMAJIT SEN, J.

( 1 ) THE Plaintiffs Firm has filed this Suit for recovery of Rs. 9,70,417/- in which it has arrayed Videsh Sanchar Nigam Limited ( vsnl for short) as Defendant No. 1, Rail India Technical and Economical Services Limited ( rites for short) as Defendant No. 2. and the Bank of India ( boi for short), Muzaffarnagar Branch as Defendant No. 3. The Prayers in the Plaint are reproduced below in order to adumbrate that it fails to indicate against which of the Defendants the prayer for recovery is directed:

"a) be pleased to grant a decree for recovery of sum of Rs. 6,10,896. 00 (Rupees Six Lacs Ten Thousand Eight Hundred and Ninety six only), the balance amount of payment on the said work plus Rs. 1,32,580. 00 (Rupees One lac Thirty Two Thousand Five Hundred and Eighty Only) amount of FDRs plus Rs. 62,000. 00 (Rupees Sixty Two Thousand only) amount of Bank guarantee, total amount of Rs. 9,70,417. 00 (Rupees Nine Lacs Seventy Thousand Four Hundred and Seventeen Only), in favour of the plaintiffs and against the defendant. b) this Hon ble Court be further pleased to pass decree in favour of the plaintiff and against the defendant to pay the interest of Rs. 1,64,941. 00











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