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1972 Supreme(P&H) 277

D.K.MAHAJAN
C. Raman And Co. – Appellant
Versus
Modern Motor Works – Respondent


Judgment

1. This petition for revision is directed against the decision of the Subordinate Judge 1st Class, Ludhiana, rejecting the application of the defendants under Section 10 read with Section 151 of the Code of Civil Procedure for stay of the suit.

2. Messrs. C. Raman and Company a partnership firm registered under the Indian Partnership Act and having its registered office at 79, Apollo Street, Bombay, filed a suit against Messrs. Modern Motor Works, a partnership firm having its office at G. T. Road, Ludhiana, and its two partners, J. N. Gupta and R. N. Gupta. This suit was filed as far back as 15th November, 1968, and the defendants filed a written statement in the Bombay High Court. In this suit claim was made for recovery of Rs. 74,656/80 with future interest on Rs. 70,630.98 at the rate of 9% per annum from the date of the suit till judgment and thereafter at the rate of 6% per annum till payment.

3. In the plaint in the suit, it is stated that in pursuance of an agreement dated 26th August, 1961, entered into with Ex-Cello India Ltd., C. Raman and Company, the plaintiffs, acted as the sole selling agents for propeller shafts and spare parts manufactured by the said compa
























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