LAWS(DLH)-2010-11-216

CTA APPARELS P LTD Vs. RAJIV GUPTA

Decided On November 30, 2010
CTA APPARELS (P) LTD. Appellant
V/S
RAJIV GUPTA Respondents

JUDGEMENT

(1.) INDERMEET KAUR, J. (Oral) CM No.21431/2010 (for exemption) Allowed subject to just all exceptions. This is a second appeal. On behalf of the appellant, it has been urged that the Courts below had failed to appreciate that a full and final settlement had been arrived at between the parties when a sum of Rs.3,37,742.40 had been paid by the defendant to the plaintiff; debit note had been executed by the defendant on the said date; the purchase order also gave a right to the defendant to stop payment if the goods were defective. It was in these circumstances, that the balance amount claimed by the plaintiff was not paid. These have raised substantial questions of law.

(2.) THE body of the appeal has formulated the following three substantial question of law; they read as follows: