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2011 Supreme(Del) 648

PRADEEP NANDRAJOG, S.P.GARG
PAAM ANTIBIOTICS LTD. – Appellant
Versus
SUDESH MADHOK – Respondent


Advocates Appeared:
Mr.Ravi Gupta. Sr.Advocate with Mr.Mohit D.Ram, Ms.Poli Kataki and Mr.Rahul Bakshi, Advocates
Mr.P.D.Gupta with Mr.Kamal Gupta and Mr.Abhishek Gupta, Advocates

Judgment

PRADEEP NANDRAJOG, J.

1. Vide impugned judgment dated 25.10.2010, IA No.5733/2010 filed by the plaintiff Smt.Sudesh Madhok, praying for a decree on admission has been allowed. Suit has been decreed in sum of `71,30,822/-with pendente lite and future interest @ 15% per annum against the first defendant which has been further burdened with counsel’s fee, payable to the plaintiff, in sum of `75,000/-.

2. At the outset we may note that prior to the impugned order, decreeing the suit on admission being passed, issues were settled on 10.9.2009; being 5 in number as under:-

“1. Does the plaintiff prove entitlement to the decree for `71,30,822/-(Rs.Seventy one lakh thirty thousand eight hundred twenty two); OPP

2. Does the plaintiff prove entitlement to sell 2,50,000 shares registered in the name of M/s.Pushkar Trading Company Limited of the second defendant, allegedly pledged with it? OPP

3. Does the defendant prove that it had discharged its liability to repay the claim of the plaintiff by issuing cheques and/or that other amounts had been or were offered to be repaid by defendant No.2 in discharge of such liability? OPD

4. Does the defendant prove that plaintiff failed to mitigat







































































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