VIJAYANAND ROADLINES LTD. Vs. WYETH LIMITED

JUDGEMENT

(1.) THE legality and correctness of the Judgment and decree passed by the City Civil Judge, Bangalore, in O.S. No. 7279/2000 dt. 25.3.2009 is called in question by the appellant herein. The appellant herein was defendant -2 in the suit. The suit was instituted by the 1st respondent -plaintiff for recovery of Rs. 13,97,286 -47 ps. together with interest at 22% p.a. from the date of suit till the date of realization along with the cost of the suit.

(2.) RESPONDENT -2 in this appeal was defendant -1. For the better appreciation of the facts of the case, the parties will be referred as per their status before the Trial Court.

(3.) THE suit was contested by both the defendants. It was the specific case of the 1st defendant that the consignment was not delivered to him by the 2nd defendant and he did not take delivery of the same. Therefore, it was contended by the 1st defendant that there was no cause of auction against the 1st defendant and suit had to be dismissed.