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2017 Supreme(Del) 2294

VALMIKI J.MEHTA
BCI OPTICAL DISC LTD. – Appellant
Versus
SPINKS INDIA – Respondent


Advocates Appeared:
For the Appellant :Mr. Ankit Jain, Advocate with Mr. H.D. Khanna, AR.

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. No. 24663/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.622/2017

2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 2.2.2017 whereby the suit of the respondent/plaintiff has been decreed for a sum of Rs.5,17,345/- along with interest at 6% per annum on account of the non-payment of price of goods being inks supplied by the respondent/plaintiff to the appellant/defendant.

3. The facts of the case are that the suit was filed for recovery of Rs.8,85,883/- inclusive of interest of Rs.1,38,222/- and sales tax amount of Rs.1,19,229.2/- on account of respondent/plaintiff selling inks to the appellant/defendant. The relevant orders running into 16 in number and totaling in value to an amount of Rs.6,28,431.50/- are referred to in para 2 of the impugned judgment. The appellant/defendant is pleaded to have issued a cheque dated 7.8.2002 drawn on Oriental Bank of Commerce, G.T. Karnal Road, Delhi for a sum of Rs.1,11,086/- w















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