In a chamber summons, the court deleted three issues by consent of the parties and framed two additional issues regarding payment of goods and interest in a contract dispute.
Deleted three issues and framed two additional issues; chamber summons made absolute.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 1953 OF 2007
IN
SUIT NO. 245 OF 1989
Mukand Limited. ... Plaintiff.
V/s.
Hindustan Wire Industries. ... Defendants.
J.P.Sen with Sheetal Shah i/b. Mehta &
Girdharlal for the plaintiff.
V.V.Walawalkar with Harish R. Pawar
for the defendants.
CORAM: V.C.DAGA, J.
DATED: 19th December 2007.
P.C.:
. By consent of parties, issue Nos.1, 2 and
5, framed vide order dated 17th September, 2007,
stand deleted and issue Nos.(i) and (ii) shown in
Schedule-I to the chamber summons are framed as
additional issues, reading as under:
(i) Whether the plaintiffs prove that the
defendants had agreed to pay to the plaintiffs
for goods sold and delivered to them within 7
days from the date of delivery failing which
the defendants had agreed to pay to the
plaintiffs interest @ 18% per annum as alleged
in paragraph No.1 of the plaint?
(ii) Whether the plaintiffs prove that the
defendants are liable to pay to the plaintiffs
Rs.4,52,346.25 along with interest @ 18% per
annum in respect of goods sold and delivered
by the plaintiffs to the defendants as on
31/12/1987 as alleged in paragraph No.6 of the
plaint?
2. The tenure of the Commissioner is extended
by another eight weeks.
3. Chamber Summons is made absolute in terms
of this order with no order as to costs.
(V.C.DAGA, J.)
V.C.Daga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court