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2008 Supreme(Gau) 550

BROJENDRA PRASAD KATAKEY
Hindustan Paper Corporation Ltd. – Appellant
Versus
Saikia and Associates – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.C. Deka, J. Roy, A. Paul, R. Barpujari, R.B. Deka, M. Sarkar and D. Parashar, Advs.
For Respondents/Defendant: A.K. Goswami, U.R. Saikia, R. Chakraborty and K. Dutta, Advs.

JUDGMENT

B.P. Katakey, J.

1. The Defendants in Money Suit No. 1/2003, by the present petition have sought to invoke the jurisdiction of this Court under Article 227 of the Constitution of India challenging the orders dated 05.03.2004 and 02.09.2004 passed by the learned Civil Judge, (Sr. Division), Morigaon.

2. The Respondent herein instituted Money Suit No. 1/2003 in the court of the learned Civil Judge (Sr. Division), Morigaon against the Petitioners/Defendants praying for a decree for realization of Rs. 16,06,897/- with interest for bundling and feeding works executed by it for raw materials, i.e. bamboo, pursuant to the work order issued in their favour by the Petitioners, alleging that the said amount though was due and payable, has not been paid. The Petitioners/Defendants on receipt of the summons entered appearance and filed the written statement denying the claim of the Respondent/Plaintiff and prayed for dismissal of the suit with an exemplary cost. In due course, the evidence of the Respondent/Plaintiff's witness No. 1 was examined and cross-examined. The Respondent, thereafter, on 30.01.2004 filed Petition No. 102/2004 for allowing it to file the originals copies retained








































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