M/S Airen and Associates v. M/S Sanmar Weighing Systems Pvt.Ltd.
Case brief
What is this about?
In a first appeal against the dismissal of a civil suit for contract dispute, the High Court held the suit was time-barred except for Rs.27,874 acknowledged by the defendant. The original 18% annual interest was reduced to 12%.
What did the court decide?
Suit modified to decree Rs.27,874 with interest at 12% per annum from 1.4.1991. Decree for balance amount set aside. Costs borne by defendant.
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BILASPUR FIRST APPEAL N0. 3^ /2004
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M/S AIREN & ASSOCIATES, A PARTNERSHIP FIRM DULY REGISTERED UNDER THE RELEVANT PROVISIONS OF THE PARTNERSHIP ACT, 1932 HAVING ITS HEAD OFFICE ) AT C-197, VIKASPUR, NEW DELHI & CAMP OFFICE AT 42/8 MOTILAL NEHRU NAGAR [EAST], BHILAI, TAH.&DISTT. DURG.
APPELLANT
PLAITIFF
vs
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SYSTEMS
147
^ILLAGE, ^^^^
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OFFICE^ AT ^^ ••""
M/S SANMAR WEIGHING SYSTEMS LTD. REGD. OFFICR/ 147 KARAPAKKAM ^ILLAGE, CHENNAI, HEAD OFFICE^ AT SURVEY N0.36-38 2^ OLD MAHABALIPURAM ROAD, PERUNGUDI, CHENNAI 600 096
RESPONDENT DEFENDANT
Suit valued at Rs. 5,28,238.89 Stamp for plaint Rs.25,550^-., This appcal valued at Rs. 5.28,238.89 Stamp for appeal Rs.25.550/-
APPEAL UNDER SECTION 96 OF CODE OF CIVIL
PROCEDURE, 1908
Issues for consideration
3 issues framed by the court
Whether the suit for recovery of work price filed on 17.4.1995 is time barred vis-a-vis completion of work on 7.2.1991.
Whether the acknowledgement of liability dated 21.5.1992 extends to the entire claim or only a specific portion.
Whether the award of interest at 18% per annum by the trial court is sustainable.
Parties & counsel
- appellant
M/s Airen & Associates
- respondent
M/s Sanmar Weighing Systems Ltd.
Coram
I.M. Quddusi
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · June
- Registered
- Case no.
- FA/34/2004
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