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M/S New India Colour Co Ltd. vs M/S Hanung Toys & Textiles Ltd & Ors on 27 April, 2015

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MANMOHAN, J:

1. Present summary suit has been filed under Order XXXVII CPC for recovery of Rs. 34,16,722/- along with pendente lite and future interest @ 18% per annum.

2. Ms. Kajal Chandra, learned counsel for the plaintiff stated that goods worth Rs. 20,25,883/- had been supplied to defendant no. 1 Company for its Unit III plant at Noida during the period April, 2013 to September, 2013. She further stated that the plaintiff had supplied goods worth Rs. 7,44,732/- to the defendant no. 1 for its Unit V plant at Roorkee during the period May 2013 to August 2013.

3. Ms. Kajal Chandra contended that the present suit had been filed under Order XXXVII CPC on the basis of the terms and conditions mentioned in the invoices. The terms and conditions mentioned in the invoices are reproduced hereinbelow:-


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