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GAUHATI HIGH COURT
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
SRI GITAM KATAKI – Appellant
Versus
SRI SARDAR SERVINDER SINGH SETHI – Respondent


ORDER

Date : 27.01.2021 Heard Mr. P. Kataki, learned counsel for the appellant at the stage of admission under Order XLI, Rule 11 of the CPC.

2) That the appellant is the defendant in M.S. No. 293/2011, which was filed by the respondent for realization of a sum of Rs.1,04,763.84 with interest @ 21% p.a. from the date of filing of the suit till realization. In brief, the case projected in the plaint was that the respondent had supplied lubricants to the appellant on credit vide six bills for a total sum of Rs.82,410/- and despite sending notice dated 06.08.2011, as no payment was made, the suit was filed for principal with interest till the date of filing of the suit. In his written statement, the appellant had denied receipt of goods and asserted that the claim was false. On contest, the said suit was decreed with cost vide judgment and decree dated 18.03.2017, passed by the Court of learned Munsiff No.2, Kamrup (M), Guwahati. The aggrieved appellant had preferred an appeal, which was registered as Money Appeal No. 1/2017. The said appeal was dismissed by the learned Civil Judge (Senior Division) No.3, Kamrup (M), Guwahati vide judgment and decree dated 13.05.2019. This appeal is dir

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