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2018 Supreme(Guj) 721

AKIL KURESHI, B.N.KARIA
Gelco Electronics Private Limited – Appellant
Versus
S. S. Corporation – Respondent


Advocates Appeared:
Chirag B Patel, Adv., Rajen R Deliwala, Adv., Rushabh R Shah, Adv.

JUDGMENT & ORDER :

B.N. Karia, J.

The appellant-original defendant by this Appeal, preferred under Section 96 of the Civil Procedure Code, 1908 ["the Code" for short], has challenged the judgment and order dated 19th February 2015 passed by the learned Judge, City Civil Court, Ahmedabad in Summary Civil Suit No. 1449 of 2014 allowing the suit by rejecting the application for leave to defend.

2. In order to adjudicate the controversy between the parties, at the outset, it is necessary cull out the facts of the case on hands to the extent of deciding the dispute raised before us.

3. In a Summary Civil Suit filed under Order XXXVII of the Code, the defendant-original plaintiff [hereinafter referred to as, "the plaintiff"] sought recovery of a sum of Rs. 22,64,100/- from the appellant-original defendant [hereinafter referred to as, "the defendant"] towards the long standing dues to be paid by the defendant against the goods purchased by it.

4. Before the Court below, it was the case of defendant herein-original plaintiff that since the appellant-original defendant was interested in purchasing Enamelled Copper Winding Wire, it had approached the plaintiff and after settling on various terms

















































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