LAWS(BOM)-2012-8-97

MARINE CRETE INDIA Vs. GOLD STAR MACHINERY

Decided On August 09, 2012
MARINE CRETE INDIA Appellant
V/S
GOLD STAR MACHINERY Respondents

JUDGEMENT

(1.) This is plaintiffs' Second Appeal.

(2.) The plaintiffs had filed Special Civil Suit No. 65/1981/I for recovery of a sum of Rs. 23,466/- with further interest at the rate of 18% per annum from the date of filing of the suit till the date of payment of entire amount. This suit was filed on 28/04/1981. By Judgment and Decree dated 06/08/1999, the learned First Additional Civil Judge, Senior Division, Margao (trial Court) decreed the suit and directed the defendants to pay the principal sum of Rs. 21,831.64 to the plaintiffs with interest at the rate of 18% per annum from 28/11/1980 till the date of actual payment.

(3.) The defendants preferred Regular Civil Appeal No. 85 of 1999 against the Judgment and Decree of the trial Court. By judgment and decree dated 09/07/2003, the learned Additional District Judge (III), South Goa, Margao (first Appellate Court) allowed the appeal and set aside the Judgment and Decree dated 06/08/1999 of the trial Court. The Special Civil Suit No. 65/1981/I came to be dismissed.