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1974 Supreme(Ori) 88

S.K.RAY
Jayashree Chemicals Ltd. – Appellant
Versus
K. Venkataratnam – Respondent


Advocates Appeared:
S.C. Ray and N. Ray, for Appellant.

Judgement

JUDGMENT :- This appeal is by the Plaintiff. The suit was for recovery of Rs. 7,884.11 from the defendant towards the price of goods supplied plus interest of Rs. 845.00 from 24-10-1966 till 24-11-1967. The story may be briefly stated as follows :-

The Plaintiff is manufacturing Firm located at Chhatrapur and the defendant was a Contractor under the Government for construction of 132 M. V. Line under the Orissa Electricity Board. The Plaintiff was interested in early completion of the K. V. Line, presumably because it was in need of the electricity and therefore agreed to supply to the defendant necessary goods for construction of the M. V. Line with the sole object of speeding up the construction work. It made supplies of various types of goods between 19-10-1966 and 31-3-1967, the total price of which came to Rs. 7,039.11. The Plaintiff also issued bills in respect of the goods supplied which are said to have been received by the defendant. Since no payment was made, the Plaintiff issued the suit notice to the defendant on 18-7-1967. Since the defendant defaulted to pay despite this notice, the present suit was filed for recovery of the aforesaid amount with interest.

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