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2012 Supreme(Del) 72

VALMIKI J.MEHTA
Kerala Agro Industries Corporation Ltd. – Appellant
Versus
Beta Engineers – Respondent


Advocates appeared:
For the Appellants :C.N. Sreekumar, Advocate with Ms. Resmitha R. Chauhan, Advocates.
For the Respondent:B.S. Arora, Advocate.

Judgment :-

Valmiki J. Mehta, J.

This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 30.1.2003 decreeing the suit of the respondent/plaintiff for recovery of Rs. 4,99,500/-with pendente lite and future interest @ 24% per annum.

2. The facts of the case are that the respondent/plaintiff filed the subject suit for recovery of monies against the appellants/defendants for having supplied a total of 417 numbers of Golden Rocker Sprayers and 100 numbers of knapsack sprayers. The respondent/plaintiff is a manufacturer and supplier of Agriculture, Anit-Malaria and other pest control sprayers and spare parts. Originally, the order which the respondent/plaintiff claimed was placed upon it on 3.12.1999, was for 300 golden rocker sprayers 100 numbers of knapsack sprayers, however, subsequently the quantity of Golden Rocker Sprayers was increased to 400 numbers vide telegram dated 27.12.1999 which was said to have been sent by the appellants/defendants and thereafter to 417 numbers. The respondent/plaintiff claimed that a total amount of Rs. 8,48,053/-became due from the appellants/defendants and for which the
































































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