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2011 Supreme(MP) 1247

A.K.SHRIVASTAVA
Commercial Automobiles – Appellant
Versus
Shri Maharaj Singh Bhatia – Respondent


Advocates Appeared:
For appellants-defendants :Mr. Ravi Ranjan and Mr. Amit Shrivastava, Advocates, For respondent No. 1 -plaintiff:Mr. R.K. Sanghi, Advocate

JUDGMENT :

The unsuccessful first and second defendants have taken shelter of this Court by taking the aid of Section 100 CPC and thus have assailed the judgment and decree passed by learned two Courts below decreeing the suit of the plaintiff-respondent No.1 against them.

2. A suit for realization of Rs. 18,004.43 paise has been filed by the plaintiff -respondent No.1 who is a Transport Operator and is carrying on his business in the name and style M/s Indersons and Company, at Gopal Bagh, Jabalpur, arraying appellants as defendants No.1 and 2 respectively and Second respondent as defendant No.3. According to the plaintiff, first defendant is the authorized dealer of third defendant and second defendant is authorized Body Builders of Tata Diesel Vehicles. Third defendant is manufacturer of Trucks called Tata Diesel Vehicles of different sizes and appointed first defendant as its authorized dealer to sell the vehicles manufactured by it. The second defendant is also the authorized by the manufacturer (Third defendant) to build the body of the trucks on chassis. The plaintiff was desirous to purchase five Tata Diesel Vehicles Model 1210-S.E./36-143 (in short "Model-36") as per the spe





































































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