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2019 Supreme(Del) 1353

PRATHIBA M.SINGH
IRIS Computers Ltd. – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
A.B. Pandey, Adv., Ruchira Singh, Adv.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. The Plaintiff Iris Computers Ltd. (hereinafter, "Plaintiff") has filed the present suit for recovery of Rs.1,05,61,556/- along with interest, pendente lite and future against three defendants State Bank of India, Canara Bank and Click Telecom Pvt Ltd. The suit was listed on 17th January, 2018, on which date a Ld. Single Judge of this Court decreed the suit qua Defendant No.3 i.e., Click Telecom Pvt. Ltd., who was the consignee of the computers and other hardware supplied by the Plaintiff. Thereafter, the suit was treated as an ordinary suit in respect of Canara Bank and the parties were permitted to file evidence. The Plaintiff filed its affidavit by way of evidence, as also the original documents relied upon by it. For the sake of convenience, the order dated 17th January, 2018 is extracted herein below:

"1. Present Suit has been filed under Order XXXVII of CPC for recovery of Rs.1,05,61,556/-. At the outset, learned counsel for the plaintiff states that he does not wish to claim any relief against defendant No.1.

2. As per the plaint, defendant No.3 had placed a purchase order dated 15.6.2013 upon the plaintiff for sale and supply of various IT rel
















































































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