INDIAN TOBACCO SUPPLIERS PVT LTD Vs. ANDREW CHALMERS INDIA LTD
HIGH COURT OF ANDHRA PRADESH
INDIAN TOBACCO SUPPLIERS (PVT.) LTD. CHILAKALURIPET, REP. BY ITS MANAGING DIRECTOR, SRI K.SOMAYYA
ANDREW CHALMERS INDIA LTD., CHILAKALURIPET
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G.Radhakrishna Rao, J. -
(1.)Indian Tobacco Suppliers (Pvt.) Ltd., Chilakaluripet, represented by its
Managing Director, Mr. K. Somayya filed the suit O.S.55/72, on the file of the
Principal Subordinate Judge, Guntur, against defendants 1 to 5 for rendition of
account of all tobacco sales etc. between the parties and for payment of the
amount found due on such account to the plaintiff together with interest at
12% p.a. That suit, viz., O.S.55/72, was partly decreed by the Principal
Subordinate Judge, Guntur, by his judgment dated 25-3-1985, holding that the
plaintiff is entitled to get Rs.27,30,000/- less Res.6,05,000/- i.e., Rs.21,25,000/-
from defendants 1 and 2, that the plaintiff is not entitled to any interest on the
said amount and that the rest of the suit was dismissed. Aggrieved by the
judgmentand decree passed against defendants 1 and 2, they (defendants 1 and
2) preferred A.S.No.1164 of 1986. The plaintiff M/s. Indian Tobacco Suppliers
(Pvt.) Ltd., has also filed an appeal A.S.No. 1348/92 against the very same
judgmentin O.S.55/72 aggrieved by the dismissal of the suitagainstdefendants
3 to 5 and also aggrieved by the disallowing of interest.
(2.)Andrew Chalmers (India) Limited, Chilakaluripet, who is defendant
No.2 in the former suit O.S.55/72, filed O.S.87/75 against Indian Tobacco
Suppliers (Pvt.) Ltd., who is the plaintiff in O.S.55/72, for recovery of a sum of
Rs.65,331-15 together with interest at 6% p.a. This suit, O.S.87/75, was decreed
with costs holding that the plaintiff is entitled to get Rs.65,331-15 from the
defendant. Aggrieved by the judgment and decree in O.S.87/75, Indian
Tobacco Suppliers (Pvt.) Ltd., filed the appeal A.S.No.1596/86.
(3.)As common questions of law and fact are involved in these three appeals
and as these three appeals also ariseoutof the common judgment passed by the
lower Court, the three appeals are being disposed of by a common judgment.
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