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1988 Supreme(Guj) 114

A.P.RAVANI, P.M.CHAUHAN
C. SANGHVI and COMPANY – Appellant
Versus
CALAMA INDUSTRIES PRIVATE LINITED,bombay – Respondent


Advocates Appeared: A.L.SHAH, M.D.PANDYA

P. M. CHAUHAN, J.

( 1 ) IN suit for Accounts the learned Judge City Civil Court (Court No. 2) Ahmedabad passed the final decree in favour of the appellant-plaintiff for the amount of Rs. 23 242 ps. with 6 per cent interest on the amount of Rs. 14 143 ps. from the date of the suit till realisation and on the amount of Rs. 9098-68 ps. from the date of the suit till 6/08/1976 as that amount was deposited in the Court as per the previous order by the Court. The appellant is aggrieved by the partial decree as according to the appellant the decree for the amount of Rs. 1 65 190 ps. should have been passed by the trial Judge. The appellant has accordingly preferred the appeal for additional amount of Rs. 1 41 950 ps. which includes Rs. 85 791 ps. for the commission in respect of Government business Rs. 17 935 for the commission disallowed by the trial Court under clause 8 of the contract (Ex. 82) Rs. 12 192 ps. for overriding commission on the Government business allowed by the Court at 22 per cent instead of 5 per cent as per the contract agreement (Ex. 82) Rs. 23 740 amount of the commission disallowed on the grounds that the transaction not related to the agency period for the Governmen












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