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2019 Supreme(Del) 176

VALMIKI J.MEHTA
B. R. Metals Ltd. – Appellant
Versus
Cna Metals Inc. – Respondent


Advocates Appeared:
For the Appellant :Ms. Amita Gupta, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J.

C.M. No. 53714/2018 (for exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No. 53713/2018 (for condonation of delay)

2. For the reasons stated in the application, delay of 32 days in re-filing the appeal is condoned.

C.M. stands disposed of.

RFA No. 1030/2018 and C.M. Nos. 53711/2018 (under Order XLI Rule 27 CPC) & 53712/2018 (stay)

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the trial court dated 31.07.2018 by which the trial court has decreed the suit filed by the respondent/plaintiff for an amount of Rs. 66,81,330/- along with interest at 12% per annum on account of the appellants/defendants having failed to pay for the goods, being copper wire bars which were sold by the respondent/plaintiff to the appellants/defendants.

4. The facts of the case are that the subject suit was filed for recovery of Rs. 80,53,777/- or, in the alternative, for the respondent/plaintiff getting back the goods supplied to the appellants/defendants under the subject Invoices bearing nos. 11708 and 11708-A. The respondent/plaintiff is









































































































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