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2000 Supreme(P&H) 245

M.L.SINGHAL
S. Kumar Synfabs Ltd. – Appellant
Versus
Bombay Saree Centre – Respondent


Advocates Appeared:
For the Petitioner:Mr. Pritam Saini, Advocate.
For the Respondent: None

JUDGMENT

M. L. Singhal, J. - This is a Civil Revision filed by M/s. S. Kumar Synfabs Limited-plaintiff against the order dated 17.5.99 passed by Civil Judge, Senior Division, Chandigarh whereby he allowed the defendants permission to defend the suit unconditionally.

Facts :

2. M/s. S. Kumar Synfabs Company Limited incorporated under the Companies Act filed suit under Order 37 of the Code of Civil Procedure, 1908 for the recovery of Rs. 12,69,591/- with future interest at the rate of 12 per cent per annum. It was alleged in the plaint that plaintiff-Company is engaged in the business of supplying textile goods to various cities throughout India. M/s Bombay Saree Centre defendant No. 1 is a partnership concern and Shri Janak Raj Gupta and others are its partners. On the request of the defendants, plaintiff Company direct as well as thorough its sister concern STM Fabrics and S. Kumar Company from time to time supplied textile goods of total sum of Rs. 12,36,876/-. Out of this amount, a total sum of Rs. 2,27,398/- towards incentive and security was adjusted leaving behind an outstanding liability of Rs. 10,09,478/- towards the plaintiff. On the demand of the outstanding amount by the p













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