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2008 Supreme(Mad) 1631

K.K.SASIDHARAN
Union of India, owning the Southern Railway, rep. by its General Manager & Another – Appellant
Versus
Rajesh Damani, Proprietor, Allied General Sales Corporation, Chennai – Respondent


Advocates Appeared:
For the Petitioners:V.G. Suresh Kumar, Advocate.
For the Respondent:H. Kishore, Advocate.

Judgment :-

1. This Civil Revision Petition is directed against the order dated 211. 2006 in I.A. No.9425 of 2004 in O.S. No.6112 of 2003 on the file of XVII Assistant City Civil Court, Chennai.

2. The Suit in O.S. No.6112 of 2003 has been preferred by the respondent against the revision petitioners before the City Civil Court, Chennai praying for a declaration that the action of the revision petitioners in invoking the risk purchase recovery in respect of the Purchase Order dated 18. 1999, as amended by the order dated 15. 1999 is illegal, invalid and unenforceable and for a direction to the revision petitioners to pay to the respondent a sum of Rs.99,072/- with further interest on Rs.57,600/- at 24% per annum from the date of the Plaint till realization and for other incidental reliefs.

3. In the Plaint in O.S. No.6112 of 2003, it was the case of the respondent that the revision petitioners have placed Purchase Orders with him for supply of Fibre Glass Type R.P. Tissues as per I.C.F. Specification and the supply made by the respondent were not accepted by the revision petitioners and by virtue of their rejection advice, the revision petitioners have rejected the goods, as accord























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