STATETRADINGCORPORATIONOF INDIALTD Vs. RAJSHREETEXTILESPVT. LTD

JUDGEMENT

(1.) By this appeal under section 96 of the Code of Civil Procedure, 1908, the appellants, original defendants, have challenged the judgment and decree dated 08.03.2018 passed by the learned Judge, Court No.18, City Civil Court, Ahmedabad in Civil Suit No.834 of 2001 whereby, the suit has been partly allowed and the appellants herein have been directed to pay Rs.8,19,292/[ Rupees eight lacs nineteen thousand two hundred and ninety two only] to the respondent, original plaintiff, together with interest at the rate of 7% per annum from the date of filing of the suit till its realization.

(2.) Briefly stated, the facts are as under;

(3.) The appellants denied that they had agreed to make delivery of a part of the goods against part payment. It is the case of the appellants that the respondent did not extend the bank guarantee, which expired on 31.03.1996. It also denied that it was incorrect on the part of the respondent to contend that the appellants had not disclosed about the status quo order passed by the concerned civil court, Anjar in the proceedings against the appellants. While denying the allegations of concealment and suppression of material facts, it has been stated that at the time of sale, no legal proceedings were filed and pending by and between M/s. Chandrakant Brothers and the appellants; however, it was only after 06.02.1997 that the appellants had received the status quo order passed by the concerned civil court, Anjar. The appellants denied all the claims raised by the respondent and prayed that the suit be dismissed with heavy costs.