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FA/838/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 838 of 1998
=========================================================
EEPPY
FABRICS - Appellant(s)
Versus
GUPTA
& COMPANY - Defendant(s)
=========================================================
Appearance
:
MR
KK NAIR for
Appellant(s) : 1,
MR AC GANDHI for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 25/08/2011
ORAL
ORDER
Heard
learned Advocate Mr.KK Nair for appellant. Learned Advocate
Mr.Gandhi is appearing for respondent.
Present
appeal is preferred by appellant original defendant against judgment
and decree passed by City Civil Court, Ahmedabad in Regular Civil
Suit NO.3 073 of 1988 wherein trial court has decreed the suit filed
by the plaintiff for Rs.42704.50 with interest at the rate of 21%
per annum on sum of Rs.42,704.50 ps. From the date of suit till the
date of payment with costs of the suit.
On
perusal of the judgment of the trial court, issues have been framed
by trial court below Exh. 31 and in paragraph 14 and 15, trial court
has discussed evidence at Exh. 40, 42, 49, 50 and 53 and held that
the defendant had purchased goods from plaintiff firm on credit as
per the particulars given in plaint para 5 and sum of Rs.42,704.50
is due from it at the end of SY 2043.
On
perusal of the judgment given by the trial court, trial court has
rightly decreed the suit of the plaintiff to the tune of
Rs.42.704.50 and I am in complete agreement with that part of the
judgment. However, so far as the direction of the trial court to pay
interest at the rate of 21 per cent is concerned, it is required to
be reduced to 12 per cent. Therefore, this appeal is allowed to that
extent only. Decree to be drawn accordingly. No order as to costs.
(K.S.
Jhaveri,J.)
Vyas
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