ELECON CONSTRUCTIONS PRIVATE LIMITED Vs. KRISHNANATH BABURAO NAIK

JUDGEMENT

(1.) A short question that arise in the present appeal is, upon the cement concrete mixer being taken on hire from M/s Krishnanath Baburao Naik, a partnership firm by the defendant M/s Elecon Constructions Pvt. Ltd., who should have discharged the onus of returning it as the parties are at loggerheads in that regard.

(2.) Heard learned Senior Counsel Mr Sudesh Usgaonkar for the appellant, the original defendant in the suit and Mr R. G. Ramani, learned Senior Counsel for the respondent i.e., the original plaintiff.

(3.) For appreciating the above questions of law, it is necessary to delve into background facts.