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1982 Supreme(Guj) 92

A.P.RAVANI, S.L.TALATI
VARSHA ENGINEERING PVT. LIMITED – Appellant
Versus
VIJAY TRADERS – Respondent


Advocates Appeared: JOSHIPURA BAKUL, P.B.MAJUMDAR, V.P.Shah

A. P. RAVANI, S. L. TALATI, J.

( 1 ) VARSHA Engineering Private Ltd. was a partnership Concern in the year 1967. Messrs. Vijay Traders was also a partnership Concern Both. partnership concerns had their offices at Baroda. They both entered into an agreement Exhibit 112 on 17/09/1967 Varsha Engineering Co. wrote a letter to Vijay Traders and by that letter an agreement between the parties came into existence. M/s. Vijay Traders defendant No. 1 came to be appointed as Distributors of Varsha Diesel Engines for the territories of Nasvadi Tilakwada Sankheda Chhota Udepur and Jambu Gam talukas of Baroda District. We will refer to the terms and conditions as and when it would be necessary.

( 2 ) ). It appears that on 2-2-1972 by notice Exh. 109 the plaintiff claimed a sum of Rs. 51 486 plus interest at 12% and according to the plaintiff that was the amount due in the running account by the the purchases made by the defendant. Thereafter on 3-3-1972 suit was filed to recover a sum of Rs. 69476-89. According to the plaintiff a sum of Rs. 51 486 was due and that was the principal amount while Rs. 17 990 interest calculated at the rate of 12% Defendants Nos. 2 to 5 were joined as according to











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