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2008 Supreme(Del) 1246

PRADEEP NANDRAJOG
YADAV FLOUR MILLS P. LTD – Appellant
Versus
GLOBUS AGRONICS LTD – Respondent


Advocates Appeared:
Mr. Rajesh Yadav, Advocate
Mr. Raman Kapur, Advocate

PRADEEP NANDRAJOG, J. (Oral)

1. Appellant had filed a suit for recovery of Rs.6,63,640/- (Rupees Six Lacs Sixty Three Thousand Sixty Hundred Forty only) alleging that it had been supplying Bajra Atta to the respondent and one of its units, namely Haryana Organics, and pertaining to the supplies delayed payments were received due to which interest in sum of Rs.4,43,142/- (Rupees Four Lacs Forty Three Thousand One Hundred Forty Two only) and Rs.1,64,698/- (Rupees One Lac Sixty Four Thousand Six Hundred Ninety Eight only) had accrued. Additionally it was pleaded that as per agreement between the parties if the empty gunny bags were not returned price thereof @ Rs.12/-per bag was payable. Rs.30,276/- (Rupees Thirty Thousand Two Hundred Seventy Six only) and Rs.25,524/- (Rupees Twenty Five Thousand Five Hundred Twenty Four only) as the price of unreturned gunny bags was prayed to be decreed.

2. The respondent took a stand in the written statement that on 10.2.1999 a settlement was arrived at evidenced by Ex.D-2 that pertaining to the supplies at Haryana Organics in full and final settlement Rs.4,66,902.28 (Rupees Four Lacs Sixty Six Thousand Nine Hundred Two and paise 28 only) was payab























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