Allowed

M/S Tradechem Corpn v. M/S G Z Pharmaceuticals

Bombay HC20 Apr 2006S/1734/1991

Case brief

AI extract

What is this about?

In this undefended suit for recovery, the plaintiff claimed Rs. 2,82,182/- consisting of a principal sum of Rs. 1,80,250/- and interest due from the defendant. The court accepted the documentary evidence and decreed the suit.

What did the court decide?

The defendants to pay Rs. 2,82,182/- with interest on Rs. 1,80,250/- at 12% per annum from the date of suit till realization. Costs to follow decree.

M/S Tradechem Corpn Vs M/S G Z Pharmaceuticals — Contract and Commercial Disputes | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 1734 OF 1991

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M/s. Tradechem Corporation

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.. Plaintiffs

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Vs.

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M/s. G.Z. Pharmaceuticals .. Defendants

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J.H. Shah i/b

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J.M. Shah for Plaintiffs.

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None for Defendants.

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CORAM: S.K. SHAH, J.

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DATE : 20^th April, 2006.

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P.C.

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This is undefended suit. This suit is filed for an amount of Rs. 2,82,182/- alongwith interest on principal amount of Rs. 1,80,250/- at the rate of 20% per annum.

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The Plaintiff is a partnership firm. The defendants are also a partnership firm. Plaintiff had sold and delivered to the defendants pharmaceutical goods as per Plaintiffs' invoice No. 356-A dated 7/12/1987 for Rs. 65,250/-. It is further the case of the plaintiff that thereafter the plaintiff paid to the defendants a sum of Rs. 25,000/- by cheque dated 24/12/1987, Rs. 25,000/- by cheque dated 9/1/1988, Rs. 32,500/- by cheque dated 25/1/1988 and Rs. 32,500/- by cheque dated 30/1/1988, totalling to Rs. 1,15,000/-. The amount due and payable by the defendants was Rs. 1,80,250/-. The Plaintiffs had demanded that amount from the defendants. Therefore the plaintiffs have filed the suit for recovery of the amount with

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interest on the principal sum.

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The Plaintiffs have produced the counter foil of the cheques, copy of the invoice No. 356-A and the statement of account showing said amount of Rs. 1,80,250/- due and payable by the defendants to the plaintiffs. The plaintiffs have also produced the extract of the defendants' account in their books of account. These documents prove that a sum of Rs. 1,80,250/- is the principal amount due and payable with interest totalling to Rs. 2,82,182/-. Hence the plaintiffs' suit be decreed.

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The defendants shall pay to the plaintiffs Rs. 2,82,182/- with interest on the principal sum of Rs. 1,80,250/- at the rate of 12% per annum from the date of the suit till realisation of the full amount.

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The Defendants shall also pay the costs of the suit. The decree be drawn accordingly.

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(S. K. SHAH, J)

M/S Tradechem Corpn v. M/S G Z Pharmaceuticals

Case brief

What is this about?

What did the court decide?

M/S Tradechem Corpn v. M/S G Z Pharmaceuticals

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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