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2023 Supreme(Gau) 938

MITALI THAKURIA
NHPC Ltd – Appellant
Versus
M. S. Enterprises – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs S Nag
For the Respondent: Mr. D. Panging

JUDGMENT & ORDER :

Heard Ms. S. Nag, learned counsel for the appellants. Also heard Mr. D. Panging, learned counsel appearing on behalf of the respondents.

2. This is an appeal under Section 96 of the Code of Civil Procedure, 1908, praying for setting aside the judgment & decree, dated 31.07.2015, passed by the learned Additional District Judge, Basar, West Siang District, Arunachal Pradesh, in Money Suit No. 161/2006.

3. The brief facts of the case is that the respondents/plaintiffs filed a money suit, being Money Suit No. 161/2006, stating that the respondents/defendants (i.e. respondent Nos. 3, 4 & 5 in the present appeal) placed an order for supplying 4,000 bags of cement @ Rs. 212/- per bags plus cartage @ Rs. 0.80 paise per quintal and also requested him to deploy minimum 04 trucks for carrying the said quantity of cement to the store site, i.e. at Kamba/Balak Store site, vide letter dated 09.07.2003. The respondents/defendants assured the respondents/plaintiffs that the payment shall be made within 20 (twenty) days after receipt of the material at the site.

4. It is stated that the present appellant, i.e. NHPC, assured the respondents/defendants that in case the respondents/defe

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