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2009 Supreme(Del) 929

REVA KHETRAPAL
CROWN COMMERCIAL HOUSE – Appellant
Versus
ICICI BANK – Respondent


Advocates Appeared:
Mr. Anil Aggarwal, Advocate
Mr. Ravi Gupta, Advocate for D-1. Mr. Ansul Singh, Advocate for D-3.

REVA KHETRAPAL, J.

1.The present application is filed by the plaintiffs under Order XII Rule 6 CPC praying for a judgment and decree in favour of the plaintiffs and against the defendant No.1 in the sum of Rs.25,18,610/-(Rupees Twenty Five Lakh Eighteen Thousand Six Hundred and Ten only) with pendente lite and future interest on the admissions made by the said defendant as mentioned in paragraph 23 of the present application.

2.The case of the plaintiffs, which the plaintiffs state has been admitted by the defendant No.1 in their written statement, is that in or about August, 2005,an oral agreement was entered into between the plaintiffs and the defendant No.2 whereby and whereunder the plaintiffs agreed to sell and the defendant No.2 agreed to buy a consignment of Mulbury Silk Fabric of Chinese origin to be shipped from Shanghai in China to New Delhi in India. Pursuant to the said agreement, the defendant No.3 at the instance of the plaintiffs drew a Bill of Exchange on the defendants No.1 and 2, payable within sixty days from the date of Bill of Lading for a sum of USD 44,846.10 only (subsequently amended on 22.09.2005 so as to be payable within seventy five days from the Bill o



















































































































































































































































































































































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