CHOUTHMAL NATHURAM JOSHI Vs. BHAGWANDAS ZUTALAL MARWADI
HIGH COURT OF BOMBAY (AT: NAGPUR)
CHOUTHMAL NATHURAM JOSHI
BHAGWANDAS ZUTALAL MARWADI
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(1.) THE present revision is directed against the judgment in Civil Appeal No. 47 of 1963 by the Extra Assistant Judge, Akola, whereby he confirmed the decree in Civil Suit No. 24 of 1962 passed by the Civil Judge (Senior Division) Akola upon an application made to that Court under the provisions of the Arbitration Act.
(2.) THE applicant herein was arrayed as original defendant and was a member of the M. P. Commercial Exchange, Akola. He entered in certain forward delivery contracts in cotton seed with the respondent Bhagwandas, the original plaintiff, for and between the period of July 14, 1961 to October 12, 1961. Certain other transactions between them ranging from October 13, 1961 to November 20, 1961 also took place.
(3.) FROM the records it transpires that some statement which was produced during the trial and marked as Ex. 47, was the basis of the claim against the present applicant in this revision - Ex. 47 is a statement which appears to have been admitted before the arbitrators by this applicant, though before the trial Court in these proceedings he tried to raise a plea that that was not the final settlement of account and was never intended to be acted upon. It does appear that the opponent Bhagwandas, basing his claim in this document, under which he claimed an amount of Rs. 5625, issued a notice dated November 24, 1961 to the address of the present applicant. That notice, which was sent by registered post, was returned to him with an endorsement that it was refused by the addressee.;
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