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2023 Supreme(P&H) 267

VIKRAM AGGARWAL
Avtar’s Roll Forge Industries – Appellant
Versus
Ekam Agro Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vaibhav Sehgal.

JUDGMENT :

Vikram Aggarwal, J.

CM-22011-CII-2018

Prayer in the present application filed under Section 151 CPC is for placing on record photocopies of Annexures P-1 to P-5 and Annexures P-9 to P-11 and certified copies of Annexures P-6 to P-8 and for exempting the petitioner from filing certified copies of Annexures P-1 to P-5 and P-9 to P-11.

Application is allowed as prayed for subject to all just exceptions. Annexures P-1 to P-11 are taken on record.

Main case

1. The present revision petition, preferred under Article 227 of the Constitution of India, assails the order dated 15.09.2018 (Annexure P-8), passed by the Civil Judge (Senior Division), Sri Muktsar Sahib vide which the application filed by the present petitioner-defendant for rejection/return of the complaint was dismissed.

2. The facts, as emanating from the record and from the arguments addressed by learned counsel for the petitioner-defendant are that the respondent-plaintiff filed a suit for mandatory injunction in the Court of Civil Judge (Senior Division), Sri Muktsar Sahib, directing the petitioner-defendant to replace the steam boiler with the new boiler or to refund a sum of Rs.20,13,800/- alongwith interest @ 18% per

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