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2005 Supreme(Mad) 722

P.SATHASIVAM, S.K.KRISHNAN
P. Sood & Co. – Appellant
Versus
Peerchand Misrimalji Bhansali – Respondent


Advocates Appeared: For The Appellant:S.V. Jayaraman, Senior Counsel for D. Dharan Chand Jain. For The Respondent:A.R. Nixon, Advocate.

Judgment :-

S.K. Krishnan.J.

Aggrieved by the judgment and decree passed by the learned Single Judge of this Court in C.S.No.1014 of 1994, dated 14.1.2000, the plaintiff has preferred this Original Side Appeal.

2. The facts leading to the filing of this appeal are as follows:

a. On 3.4.1992 the defendant placed orders with the plaintiff, who is the dealer in stainless steel and manufacturer of alloy and special steel bright bars, for the supply of 11700 kgms of S.S.Pipes. The plaintiff accepted the said orders at its Madras office and agreed to supply the same through its Non-Residential Office at Bombay. Thereafter, the plaintiff delivered the goods to the defendant on credit for Rs.14,18,625/- under invoice No.DO.1/1/92-93, dated 3.4.1992. The defendant also agreed to pay interest at 22.5% after 60 days. The defendant acknowledged the receipt of the goods and agreed to pay the amount after adjusting the advance of Rs.7 lakhs paid to its sister concern M/s. Metal Processing Industries P. Ltd. and the defendant also agreed to sent Form XIV. Despite repeated demands, the defendant has not paid the balance of Rs.7,18,623/- and interest. However, on 6.8.1994, the plaintiff sent a lette















































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