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2017 Supreme(Del) 2578

VALMIKI J.MEHTA
MULTI DECOR PVT. LTD. – Appellant
Versus
GAUTAM @ VARUN MITTAL – Respondent


Advocates Appeared:
For the Appellant :Mr. S.R. Kamat, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. No.26907/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

RFA No.668/2017 and C.M. No.26906/2017 (stay)

2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the appellants/defendants impugning the judgment of the Trial Court dated 17.3.2017 by which the trial court has decreed the suit for recovery of Rs. 5,41,791/- along with interest on account of furniture items supplied by the respondent/plaintiff to the appellants/defendants and which were not paid for.

3. The facts of the case are that the respondent/plaintiff as proprietor of M/s KLS International supplied goods being office chairs, tables, sofa, cabinets to the appellant no.1/defendant no.1/company. The orders were placed and goods were supplied from August 2010 till January 2012 and with respect to which seven invoices were drawn as stated in para 2 of the judgment of the trial court. It was further pleaded by the respondent/plaintiff that some payment was made by the appellant no.1/defendant no.1 but there remained a balance due of Rs.5,41,791/- which was not paid. It was also pleaded that the appellant no.1























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