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1999 Supreme(Del) 1041

VIKRAMAJIT SEN
S. V. ELECTRICALS LIMITED – Appellant
Versus
SYLVANIA AND LAXMAN LIMITED – Respondent


Advocates Appeared:
Harish Malhotra, SANDiP SETHI

Vikramajit Sen, J.

( 1 ) THIS suit for the recovery of Rs. 48,89,814. 00 (Rs. Forty Eight Lakhs Eighty Nine Thousand Eight hundred Fourteen only) had been filed under the summary procedure contained in Order XXXVII of the Code of Civil Procedure 1908. Plaintiffs were in the business of manufacturing and marketing of brass nickel plated and aluminium caps in different grades and filament form pure tungsten for use in fluorescent tubes and bulbs. Pursuant to written/telephonic verbal orders supplies were made by it to the Defendant. Payment of the goods so supplied by the Plaintiff was to be made within a period of 45 days from the date of bill/challan/voucher failing which interest at the rate of 21% per annum was payable. As per the books of accounts of the Plaintiff. A total sum of Rs. 33,16,270. 00 (Rupees Thirty Three Lakhs Sixteen Thousand Two Hundred Seventy only) along with interest at the aforesaid rate of 21% per annum, (constituting the claim in the suit) is stated to be outstanding for 31 separate deliveries carried out between 25. 3. 1994 and 9. 8. 1995, in respect of bills of which details have been given in the Plaint. In the Plaint it is further pleaded that cheques o


























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