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HIGH COURT OF KARNATAKA
MR JUSTICE V KAMESWAR RAO, MR JUSTICE S RACHAIAH, JJ
QUICK MIX CONCRETE PRODUCTS – Appellant
Versus
S L N CONSTRUCTION – Respondent
| Table of Content |
|---|
| 1. the facts to be noted (Para 3 , 4 , 5 , 6) |
| 2. as per the plaint (Para 7 , 8) |
| 3. the learned judge (Para 9 , 10 , 11 , 12 , 13) |
| 4. having heard the learned (Para 14 , 15 , 16) |
| 5. the appeal is disposed (Para 17) |
ORAL JUDGMENT
On the last date of the hearing, we have heard learned counsel for the appellant. Today, Sri. S.V.Lakshmi Narayana appears for the respondent and has been heard.
3. The facts to be noted for the purpose of this order are that, the appellant herein had initially filed a summary Suit under Order 37 Rules 1 and 2 of the Code of Civil Procedure Code for seeking a decree against the respondent herein for a sum of Rs.5,80,750/- along with the future interest at 24% p.a.
5. The case of the appellant through its proprietor was that he is carrying the business of selling cement, ready mix concrete, and their allied products to its customers. The respondent is a Construction Company. The respondent had requested the appellant for supply of ready mix concrete and as per his request, the appellant/plaintiff supplied the ready mix concrete from time to time under various invoices ever since 2016.
7. As per the plaint, the stand with regard to the payments made b
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