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2009 Supreme(Raj) 348

N.K.JAIN
Gupta Plastics Private Limited – Appellant
Versus
Firm Amrish Plastics – Respondent


Advocates Appeared
Amit Gupta, Advocate, for Bihari Lal Agarwal, for Appellant;
None present for Respondent

Judgment

Hon'ble JAIN, J.—Heard learned counsel for the appellant.

2. The only point involved in this appeal is as to whether Shri Ramawtar Gupta, one of the Directors of the plaintiff Company M/s Gupta Plastics Private Limited, was authorized to institute the present suit in the name and on behalf of plaintiff Company against the defendant in the trial court, or not? The trial court framed Issue No.4A in this regard and decided the same against the plaintiff-appellant. The trial court, while deciding other Issues in favour of the plaintiff, dismissed the plaintiff's suit on the basis of the finding on Issue No.4A.

3. The plaintiff-appellant filed a suit for recovery of a sum of Rs.2,05,600/- against the defendant-respondent in the trial court. The defendant contested the suit by filing a written-statement. The trial court framed five issues. Later on, Issue No.4A was also framed. The plaintiff examined PW-1 Ramawtar Gupta and produced documentary evidence. The defendant examined DW-1 Laxmi Niwas Bangur and DW-2 Damodar Lal Sharma. All the Issues, except Issue No.4A, were decided in favour of the plaintiff. Issue No.2, as to whether the plaintiff-company is entitled to recover a sum o































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