S vs United on 30 September, 2008

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SCA/12118/2008	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 12118 of
2008 
=========================================================

 

S
R CONSTRUCTION THROUGH PROP RAMESHWAR R MISHRA BY HIS - Petitioner(s)
 

Versus
 

UNITED
MACHINARY STORES PVT LTD - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
JV MEHTA for
Petitioner(s) : 1,MS
KRISHNA B MEHTA for
Petitioner(s) : 1, 
None
for Respondent(s) :
1, 
=========================================================


 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE AKIL KURESHI
		
	

 

 
 


 

Date
: 30/09/2008  
 
ORAL ORDER

Learned
advocate Mr JV Mehta for the petitioner original defendant
submitted that the petitioner had paid the full price for supply of
goods by the respondent as agreed between the parties. Though there
was no escalation clause in the agreement, the petitioner had also
paid 30% extra since the petitioner had received higher payment from
Essar Construction. The respondent original plaintiff, however,
insisted on escalation to the extent of 50%. Despite the above,
learned Trial Judge has granted conditional leave in the summary suit
filed by the respondent herein.

Considering
the submissions made, issue Notice returnable on 20.10.2008.

(AKIL
KURESHI, J.)

mrpandya*

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