G.M. Breweries Ltd. v. S.V. Kalbhor

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUMMARY SUIT NO.38 OF 1999

G.M.Breweries Ltd... Plaintiffs

Versus
S.V.Kalbhor.. Defendant

Mr.O.A.Das for plaintiffs

CORAM : S.C.DHARMADHIKARI, J.
DATE : 10th September 2007.

P.C.

.Mr.Das learned Counsel appearing for
plaintiffs relies upon the affidavit of bailiff
in the office of Dy.Sheriff and the
acknowledgement thereon evidencing receipt of

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writ of summons and the packet containing not
only the same but the plaint and the annexures
thereto by the defendant.

2.He submits that the suit is filed on the
basis on purchase order, invoices, delivery
challans which together constitute a written
contract between parties. Similarly, there is an
acknowledgement of liability of Rs.1,19,158/- of
the claim of plaintiffs. However, the liability
of Rs.1,19,158/- despite being acknowledged by
the defendants, remained unpaid and that is how
the principal amount and the interest under the
subject invoices has been claimed.