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1996 Supreme(Del) 659

M.K.SHARMA
ANANT RAJ AGENCIES – Appellant
Versus
INDCRJIT AND BROTHCRS – Respondent


M. K. SHARMA

( 1 ) THIS is a suit for recovery of Rs. 2,54. 538. 00 from the defendants with a pendente life and future interest at the rate of 21 per cent per annum.

( 2 ) THE plaintiff is a registered Partnership Firm, of which Shri Anil Sarin is a registered partner. The plaintiff firm is engaged, inter alia, in the business of construction. The plaintiff firm for the purpose of cam-ing out some construction works awarded to it. required bricks and accordingly entered into an agreement with the defendant No. 1 who is engaged in the business of manufacture for supply of 20 lakhs 1st Class bricks at the rate of Rs. 350. 00 per thousand bricks, inclusive of Sales Tax, Cartage, etc. The plaintiff at the request of defendant No. 1 advanced a sum of Rs. 60. 000. 00 to defendant No. 1 vide Cheque No, P 600956 dated 13/12/1985 drawn on State Bank of Patiala. Hauz Khas, New Delhi and the said cheque was duly encashed by the defendant No. 1. Defendant No. 1 through its representative again approached the plaintiff for advancing Rs. 27,000. 00 which was urgently required bv it to enable it to purchase coal for supplying the bricks and the plaintiff advanced a sum of Rs. 27. 000. 00 vide Che
























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