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2006 Supreme(Del) 782

S.L.BHAYANA, SWATANTER KUMAR
HARI GOKAL JEWELLERS – Appellant
Versus
SATISH KAPUR – Respondent


SWATANTER KUMAR, J.

( 1 ) M/s Hari Gokal Jewellers, a partnership concern filed a suit for accounts against Mr. Satish Kapur while stating that the value of the suit for the purposes of court fee and jurisdiction is Rs. 18 lakhs. The plaintiffs were paying the requisite court fee and in the event of decree being exceeding the amount mentioned in the plaint, the plaintiff undertook to pay the additional amount as directed by the Court. The suit was filed on the premise that the defendant was carrying on somewhat similar business under the name and style of satish Kapur and Co. The defendant used to supply raw gold and the parties were having dealings for the last 5 to 6 years. The defendant was selling the raw gold to the plaintiff and he was buying jewelery from it. The payments were being made by cheques issued from time to time by the plaintiff against the bills raised by the defendant. On one occasion, the defendant was paid a sum of rs. 1,60,000/- as a loan and as a measure of accommodation on the occasion of the marriage of his daughter in January, 2004 On these transactions, according to the plaintiff, the defendant would be found to be owing to the plaintiff a sum of Rs. 18,

















































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