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2012 Supreme(HP) 489

V.K.AHUJA
Digvijay Shandil – Appellant
Versus
Himachal Enterprises – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr.P.C. Sharma, Advocate.
For the respondent:Mr. Mukul Sood, Advocate, vice Mr. Sanjeev Sood, Advocate.

Judgment

V.K. Ahuja, J.

1. This is a regular first appeal filed by the appellant under Section 96 of the Code of Civil Procedure against the judgment and decree, dated 2.3.2005, passed by the learned Additional District Judge (Fast Track Court), Solan, decreeing the suit of the respondent for recovery of `2,25,000/- alongwith interest as against the appellant.

2. Briefly stated, the facts of the case are the respondent, hereinafter also referred to as the plaintiff, filed a suit for recovery of Rs.2,25,000/-alongwith interest as against the appellant, hereinafter also referred to as the defendant. It was alleged by the plaintiff that he had claimed the suit amount as price of food and vegetable boxes sold to defendant in between 8.5.2000 to 27.11.2000. The plaintiff alleged that he had been dealing in the business of manufacturing and supply of such boxes at Solan and he was maintaining regular accounts. The defendant acknowledged his liability by signing ledger for a sum of Rs.2,01,025/-. The plaintiff claimed that as per the mercantile practice, he was entitled to interest at the rate of 18%, hence the suit for recovery of the amount.

3. Defendant took up various pleas in regard


























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