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2015 Supreme(Del) 2716

RAJIV SHAKDHER
LOOM CRAFTS FURNITURE INDIA PVT. LTD. – Appellant
Versus
MT & T RENTALS LTD. – Respondent


Advocates:
Advocate Appeared:
For Appellant : Mr. Pranav Sarthi, Adv.
For Respondent: Mr. Rupesh Tyagi, Adv.

ORDER :

1. It is noticed that, vide order dated 06.01.2015, the impugned judgment and decree was stayed. The record shows that the respondent/ plaintiff had filed a suit under Order XXXVII of the code of Civil Procedure, 1908 (in short the CPC). The trial court has decreed the suit.

2. This is an appeal against the judgment and decree dated 21.11.2014, passed by the learned Additional district Judge (ADJ). By the impugned judgment the learned ADJ has dismissed the appellant’s/ defendant’s application for leave to defend.

3. The case set up by the respondent / plaintiff, broadly, is that, it is, inter alia, in the business of providing aerial work platforms and access equipments, such as, Scissor Lifts, Boom Lifts and aerial work, on rental basis (here after collectively referred to as equipments unless specially adverted to, otherwise).

3.1 It is, therefore, averred by the respondent / plaintiff that equipments were supplied to the appellant / defendant on rental basis, in respect of which, invoices were raised from time to time.

4. It is the case of the respondent / plaintiff tha









































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