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2017 Supreme(Gau) 1260

AJIT BORTHAKUR
BORMAH JAN TEA COMPANY LTD. – Appellant
Versus
ASHOK SERVICE STATION – Respondent


Advocates Appeared:
For the Appellant :S. Gogoi, Advocate.
For the Respondent:S.K. Chakraborty, Advocate.

JUDGMENT :

Ajit Borthakur, J.

This long pending First Appeal of 2010 under the provisions of Section 96 read with Order XLI of the C.P. Code, 1908 is directed against the judgment and decree, dated 19.02.2010, passed by the Court of learned Civil Judge, Sonitpur at Tezpur.

2. The defendant/appellant's case, precisely is that the plaintiff respondent firm instituted Money Suit No. 18/2008, on 10.11.2008, in the Court of the learned Civil Judge, Sonitpur, wherein, it was stated that as per Orders placed by the defendant/plaintiff, the plaintiff respondent used to supply petroleum products and thereafter, submitted bills for payment and the defendant/appellant used to make the payments on the furnished bill amounts till 21.06.2006. In course of continuation of such practice of supply of petroleum products, a sum of Rs. 11,14,939.85/- became due to the plaintiff/respondent firm till 21.06.2006 and the defendant/appellant issued 2 (two) cheques amounting to Rs. 1,36,764/- towards part payment of the aforesaid outstanding amount. However, the said cheques were dishonoured by the Bank

































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