N.N.TIWARI
Tata Iron & Steel Company Ltd. – Appellant
Versus
South Eastern Roadways – Respondent
Narendra Nath Tiwari, J.
1. This appeal is against the judgment and decree dated 21st May, 1992 (decree signed on 4th June, 1992) passed by Sub Ordinate JudgeIII, Jamshedpur in Money Suit no.132 of 1983, whereby learned court below has dismissed the plaintiff's suit.
2. The plaintiffappellant had filed the said suit for recovery of Rs.5,72,009.20 paise from the defendants jointly and severally with interest @ Rs.6% per annum from the date of filing the suit till realisation.
3. The plaintiff's case, in short, is that the plaintiff had placed purchase order being No.S/968109/M 838 dated 29th March, 1979 to the Defendant no.2 for supply of ten tonnes of Ferror Molybdenum at the agreed rate of Rs.350/per Kg. It was agreed between the plaintiff and Defendant no.2 that the supply would be made at the rate of two tonnes per month, commencing from April, 1979. On receipt of the payment from the plaintiff, the Defendant no.2 supplied five tonnes of the materials in five installments between 31st May, 1979 to 31st October, 1979. It was agreed between the plaintiff and Defendant no.2 that 98% of the amount would be payable to the Defendant no.2 against the documents through Bank an
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