GORDHANDAS PURSHOTTAMDAS SONAWALA Vs. EASTERN COTTON CO

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THIS appeal with a certificate of fitness is directed against the judgment and decree passed by the High court,of Judicature at Bombay in appeal from its ordinary Original Civil Jurisdiction confirming, though on different grounds, the judgment and decree passed by a single Judge of that High court in Suit No. 468 of 1951 instituted by the appellants (Original Plaintiffs) to recover from the respondents (Original Defendants) a sum of Rs. 1,80,099-8-0 with interest and costs.

(3.) THE appellants thereafter by their attorney's letter dated 2/05/1951, called upon the respondents to return the said sum of I-Is. 1,80,099-8-0 (being the aggregate of the said two sums of Rs. 1,79,749.80 and Rs. 350.00.) with interest thereon at the rate of 6 per cent. per annum. THE respondents failed and neglected to pay to the appellants the said sum or any part thereof with the result that on 7/05/1951, the appellants filed the suit against the respondents for repayment to them of the said sum with interest and costs.