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2008 Supreme(Del) 1150

PRADEEP NANDRAJOG, J.R.MIDHA
HARISH MANSUKHANI – Appellant
Versus
ASHOK JAIN – Respondent


Advocates appeared:
Mr. Adarsh Ganesh, Advocate
Mr. K.C. Jain, Advocate

PRADEEP NANDRAJOG, J.

1. The appellant i.e. the defendant is aggrieved by the judgment and decree dated 1.7.2007 passed by the learned Trial Court whereby the suit filed by the respondent has been decreed in sum of Rs.11,53,470.50 (Rupees Eleven Lacs Fifty Three Thousand Four Hundred and Seventy and Paisa Fifty) together with pendente lite and future interest @ 6% per annum. The break up of the amount is Rs.9,61,941.05/-as the amount shown as outstanding in the statement of account, Ex.PW-1/1; Rs.1,92,816.68 towards sales tax due on account of ST-35 forms not being supplied; and Rs.2,200/-as the notice charges paid to the lawyer when the pre-suit notice of demand was raised vide Ex.PW-1/3.

2. For sake of convenience we shall be referring to the parties as the plaintiff and the defendant.

3. Case of the plaintiff was as pleaded in para 1 of the plaint as under:-That the plaintiff is the proprietor of M/s. Jain Plastic Works and is a manufacturer of various items of plastic goods and is having its regd. Office at 9090, Gali Zamir Wali, Nawab Ganj, Azad Market, Delhi 110006 and the defendant had been purchasing plastic goods on credit basis from the plaintiff and the sale transactions
























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