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2012 Supreme(Gau) 173

B.K.SHARMA, P.K.SAIKIA
Bongaigaon Concrete Industries (P. ) Ltd. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
Mr. S.P. Roy, Mr. N. Alam, Mr. D. Nandi , Mr. K. Rajbangshi for the appellant.
Mr. P.S. Deka for the respondents.

P.K. Saikia J.—

1. This appeal is directed against the judgment dated 28.9.2005 passed by Smt. A. Devee, learned Civil Judge (Sr. Divn.) No.2, Guwahati in Money Suit No.40/1998 as well as the decree, drawn thereon partly allowing the suit against the defendant Nos. 1, 2 and 7 therein enabling the appellant/ plaintiff to realise from the defendant Nos. 1, 2 and 7 Rs. 33,320 only with pendente lite interest and future interest at the rate at which Nationalised Banks charge interest in relation of commercial transactions while dismissing the suit against the rest of the defendants.

2. Being aggrieved by the aforesaid judgment and decree, drawn thereon, the appellant has preferred this appeal on the grounds stated in the memo of appeal. For convenience of discussion, the appellants herein would be referred to as appellant/plaintiff, whereas the respondent Nos. 1 to 10 would hereinafter be referred to as respondents/ defendant Nos.1 to 10, respectively.

3. The factual matrix of this case, as .stated in the plaint, in brief, is that the plaintiff M/s. Bongaigaon Concrete Industries (P.) Ltd. is a limited company, incorporated under the Companies Act, 1956 having its Registered Office and pr














































































































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