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JAVED IQBAL WANI
Executive Engineer, Dal Lake Division-I (Lakes & Waterways Development Authority) – Appellant
Versus
Mousvy Industries Budgam through its proprietor Abdul Majeed S/o Syed Hyder Shah – Respondent
JUDGMENT :
JAVED IQBAL WANI, J.
1. This judgment shall dispose of Civil First Appeal preferred by the Appellant herein against the judgment and decree dated 26.12.2012 passed by the Court of Additional District Judge, Srinagar (for short the “Trial Court”) in a suit titled “Mousvy Industries v. State of J&K & ors.’ directing payment of Rs. 10,32,080/- in favor of the Respondent No. 1 herein along with simple interest and costs.
2. A perusal of the pleadings and record would reveal that the Plaintiff Respondent 1 herein instituted a suit for declaration, accounts and recovery on 18.02.1997 before this Court under Original Jurisdiction which came to be assigned to District Judge, Srinagar who transferred the same for disposal to 4th Additional District Judge, Srinagar and thereafter to the Trial Court.
3. The case set up in the plaint was that the Plaintiff was involved in the business of manufacturing supplies of steel items under the name and style “Mousvy Industries” having its factory and showroom at Karapora, Alamdar Road, District Budgam and on 31.03.1993, the Defendant No. 5 Appellant herein placed various orders vide Order No”s. 2440-42, 2443-45, 2455-57, 2461-63, 2458-60, 2464-6
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